March
29,
2006
Page
1
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9
SUPPORTING
STATEMENT
FOR
AN
INFORMATION
COLLECTION
REQUEST
1.
IDENTIFICATION
OF
THE
INFORMATION
COLLECTION
1(
a).
Title
of
the
Information
Collection:

TITLE:
Notice
of
Supplemental
Distribution
of
a
Registered
Pesticide
Product
OMB
No.:
2070­
0044
EPA
No.:
0278.09
1(
b).
Short
Characterization/
Abstract
This
information
collection
activity
provides
the
Environmental
Protection
Agency
(
EPA)
with
notification
of
supplemental
registration
of
distributors
of
pesticide
products.
EPA
is
responsible
for
the
regulation
of
pesticides
as
mandated
by
the
Federal
Insecticide,
Fungicide
and
Rodenticide
Act
(
FIFRA),
as
amended.
Section
3(
e)
of
FIFRA
(
see
7
U.
S.
C.
136a(
e),
(
Attachment
A)
allows
pesticide
registrants
to
distribute
or
sell
a
registered
pesticide
product
under
a
different
name
instead
of
or
in
addition
to
his
own.
Such
distribution
and
sale
is
termed
"
supplemental
distribution"
and
the
product
is
termed
a
"
distributor
product."
EPA
requires
the
pesticide
registrant
to
submit
a
supplemental
statement
(
EPA
Form
8570­
5,
Notice
of
Supplemental
Distribution
of
a
Registered
Pesticide
Product,
see
Attachment
B)
when
the
registrant
has
entered
into
an
agreement
with
a
second
company
that
will
distribute
the
registrant's
product
under
the
second
company's
name
and
product
name.

2.
NEED
FOR
AND
USE
OF
THE
COLLECTION
2(
a).
Need/
Authority
for
the
Collection
This
information
is
required
to
be
submitted
pursuant
to
section
3(
e)
of
FIFRA,
as
amended.
Regulations
pertaining
to
supplemental
distribution
are
contained
in
Title
40
CFR
Part
152.132
(
see
Attachments
A
and
C,
respectively).

2(
b).
Practical
Utility/
Users
of
the
Data
Section
3(
e)
of
FIFRA
requires
pesticide
registrants
to
notify
the
Agency
when
the
registrant
has
entered
into
an
agreement
with
a
second
company
to
distribute
the
registrant's
product
under
the
second
company's
name
and
product
name.
The
distributor
is
considered
an
agent
of
the
registrant
for
all
intents
and
purposes
under
the
Act,
and
both
the
registrant
and
the
distributor
may
be
held
liable
for
violations
pertaining
to
the
distributor
product.
EPA's
Office
of
Pesticide
Programs
is
responsible
for
maintaining
information
about
supplemental
distribution
agreements.
March
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2006
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3.
NON
DUPLICATION,
CONSULTATIONS,
AND
OTHER
COLLECTION
CRITERIA
3(
a).
Non
duplication
This
is
the
only
information
collection
activity
of
its
kind,
and
the
information
collected
under
this
program
is
collected
only
once
per
receipt
of
a
notice
of
distributor
registration.
Therefore,
the
possibility
of
duplication
does
not
exist.

3(
b).
Public
Notice
Required
Prior
to
ICR
submission
to
OMB
In
proposing
to
renew
this
ICR,
EPA
is
publishing
a
Federal
Register
Notice
that
provides
a
60­
day
public
notice
and
comment
period.

3(
c).
Consultations
During
the
development
of
this
renewal
ICR,
EPA
staff
will
contact
appropriate
stakeholders
and
ask
them
for
their
assessment
of
the
regulatory
burden
estimates
expressed
by
the
Agency
in
this
ICR.
A
summary
of
these
consultations
will
be
provided
in
the
supporting
statement
during
the
second
comment
period.

3(
d).
Effects
of
Less
Frequent
Collection
This
activity
is
only
conducted
once
per
"
event"
(
one
notification
is
submitted
per
product),
therefore,
there
is
no
way
that
the
EPA
can
reduce
the
frequency
of
the
collection.
The
EPA
must
maintain
the
current
frequency
of
this
collection
in
order
to
avoid
violating
FIFRA
section
3(
e).

3(
e).
General
Guidelines
The
only
PRA­
imposed
guideline
in
5
CFR
1320.6
that
may
be
exceeded
in
this
collection
is
the
record­
keeping
retention
period.
We
would
expect
the
registrant
and
the
distributor
to
maintain
copies
of
their
distribution
agreement
(
EPA
Form
8570­
5)
as
long
as
the
registration
is
valid
or
until
the
parties
notify
EPA
that
they
have
voluntarily
dissolved
the
distribution
agreement.
Registrations
are
valid
unless
they
are
voluntarily
canceled
or
withdrawn
by
the
registrant
or
until
EPA
has
cause
to
suspend
or
cancel
the
registration
as
a
result
of
the
Reregistration
Program
or
an
adverse
finding
by
the
Agency.
Since
the
average
period
of
marketability
of
a
pesticide
ranges
from
15
to
30
years,
the
PRA­
imposed
guideline
indicating
that
data,
other
than
health,
medical,
or
tax
records
need
not
be
retained
for
more
than
3
years
generally
will
be
exceeded
in
this
program.

This
collection
of
information
does
not
involve
the
use
of
automated,
electronic,
mechanical,
or
other
technological
collection
techniques
or
other
forms
of
information
technology
(
e.
g.,
permitting
electronic
submission
of
responses).
Additionally,
is
not
practicable
for
the
March
29,
2006
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3
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Agency
to
implement
electronic
reporting
at
this
time.

EPA
has
not
yet
promulgated
appropriate
regulations
(
i.
e.,
Cross­
Media
Electronic
Reporting
Rule)
to
address
electronic
reporting
and
electronic
signature
issues.
Even
upon
the
promulgation
of
these
regulations,
OPP
may
not
be
able
to
make
electronic
reporting
available
for
this
information
collection.
Based
on
the
Agency's
needs,
and
on
the
Office
of
Management
and
Budget's
(
OMB)
GPEA
guidance
(
as
updated
by
OMB's
policy
on
E­
Authentication),
EPA
would
likely
require
that
any
electronically
submitted
forms
be
signed
with
an
e­
signature
technology
such
as
public
key
infrastructure
(
PKI).
As
this
information
collection
request
indicates,
both
the
basic
product
registrant
and
the
distributor
must
sign
the
required
notification.
EPA
is
currently
unaware
of
how
an
e­
signature
technology
that
offers
both
the
Agency
and
the
signatories
the
level
of
signature
security
such
as
that
offered
by
PKI
can
be
successfully
applied
to
a
document
that
requires
multiple
signatures.

3(
f).
Confidentiality
Product
distributorship
data
submitted
by
basic
product
registrants
under
FIFRA
section
3(
e),
are
considered
by
the
Office
of
Pesticide
Programs
(
OPP)
to
contain
no
confidential
business
information
(
CBI).

3(
g).
Sensitive
Questions
No
information
of
a
sensitive
or
private
nature
is
requested
in
conjunction
with
this
information
collection
activity.
Further,
this
information
collection
activity
complies
with
provisions
of
the
Privacy
Act
of
1974
and
OMB
Circular
A­
108.
March
29,
2006
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4.
THE
RESPONDENTS
AND
THE
INFORMATION
REQUESTED
4(
a).
Respondents/
NAICS
Codes
The
North
American
Industrial
Classification
System
(
NAICS)
code
for
businesses
participating
in
this
program
is
325320
(
Pesticide
and
other
Agricultural
Chemical
Manufacturing).

4(
b).
Information
Requested
(
i)
Data
Items,
Including
Record
Keeping
Requirements
Any
pesticide
registrant
may
participate
in
this
program
by
submitting
a
completed
EPA
Form
8570­
5,
Notice
of
Supplemental
Distribution
of
a
Registered
Pesticide
Product,
to
the
Agency.
The
registrant
must
furnish
the
following
information:

!
EPA
registration
number
of
the
product
to
be
distributed;

!
EPA­
assigned
distributor
company
number;

!
name
and
address
of
the
basic
product
registrant;

!
name
of
the
registered
product
to
be
distributed;

!
name
to
be
used
on
the
distributed
product;

!
name
and
address
of
the
distributor;

!
signature
and
title
of
the
distributor
and
date
signed;
and
signature
and
title
of
the
basic
product
registrant
and
date
signed.

(
ii)
Respondent
Activities
For
each
distributor
product,
the
basic
product
registrant
must
send
a
completed
notice
(
EPA
Form
8570­
5),
signed
by
both
the
basic
product
registrant
and
the
distributor,
to
EPA.
Responsibility
for
regulatory
compliance
rests
primarily
with
the
basic
product
registrant.
However,
both
the
basic
product
registrant
and
the
distributor
may
be
held
liable
for
any
violation
of
FIFRA.
A
participant
must
undertake
the
following
activities
in
order
to
provide
the
requisite
information
to
the
EPA:

Read
Read
form
and
instructions;
and
Compile
review
information
for
accuracy
and
appropriateness.

Submit
Submit
EPA
Form
8570­
5
to
the
Agency;
and
Store
file
or
maintain
the
information.
March
29,
2006
Page
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5.
The
Information
Collected
­
Agency
Activities,
Collection
Methodology,
and
Information
Management
5(
a).
Agency
Activities
Notices
of
Supplemental
Distribution
of
a
Registered
Pesticide
Product
(
EPA
Form
8570­
5)
are
pin­
punched
with
the
date
of
receipt.
Subsequent
processing
steps
include:

Verify
Verify
the
regulatory
status
of
the
primary
registration
to
be
supplementally
distributed;
and
Assign
If
necessary,
assign
an
EPA
company
number
to
the
supplemental
distributor.

Acknowledge
receipt
Provide
a
receipt
of
the
notice
by
mailing
a
copy
to
the
distributor
company.

Process
Process
information
from
the
form
into
the
computerized
"
Distributor
File,"
a
part
of
the
Office
of
Pesticide
Programs
Integrated
Network
(
OPPIN).

File
and
maintain
information
The
original
form
is
filed
in
the
regulatory
file
of
the
parent
Section
3
registration
and
kept
in
the
Office
of
Pesticide
Programs
Information
Services
Center.

5(
b).
Collection
Methodology
and
Management
Registrants
voluntarily
enter
into
agreements
with
distributors.
They
are
required,
under
FIFRA,
to
notify
the
Agency
of
these
agreements.
EPA
maintains
the
original
notifications
in
the
regulatory
file
of
the
parent
Section
3
registration
at
the
Office
of
Pesticide
Programs
Information
Services
Center.

5(
c).
Small
Entity
Flexibility
Most
of
the
companies
participating
in
this
program
would
qualify
as
small
entities.
The
Agency
closely
examined
potential
burdens
to
small
entities
and
instituted
changes
to
this
program
in
1984.
At
that
time,
OMB
approved
the
changes.
The
Agency
also
re­
evaluated
the
general
burden
categories
in
1986.
The
Agency
believes
that
the
burden
imposed
by
this
activity
has
been
minimized
to
what
is
believed
to
be
the
minimal
level
at
which
this
program
can
effectively
function
under
the
requirements
specified
in
the
FIFRA
and
the
regulations
for
the
enforcement
of
FIFRA.

5(
d).
Collection
Schedule
Not
applicable.
This
activity
is
conducted
only
once
per
"
event"
when
the
registrant
submits
an
EPA
Form
8570­
5,
Notice
of
Supplemental
Distribution
of
a
Registered
Pesticide
Product,
to
the
Agency.
Therefore,
there
is
no
set
schedule
for
collection
of
this
information.
March
29,
2006
Page
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9
6.
ESTIMATING
THE
BURDEN
AND
COST
OF
THE
COLLECTION
6(
a).
Estimating
Respondent
Burden
This
ICR
estimates
that
an
average
of
2,479
Notices
of
Registration
of
Supplemental
Distributor
will
be
submitted
to
the
Agency
each
year
for
the
next
three
years.
The
total
annual
response
burden
associated
with
the
notice
of
supplemental
distribution
of
a
registered
pesticide
product
is
620
hours.
The
average
number
of
supplemental
registrations
received
by
the
EPA
over
the
last
three
years
is
2,479
per
year
(
2,607
in
FY2003,
2605
in
FY2004,
and
2,226
in
FY2005).
The
revised
estimate
for
this
ICR
is
an
average
of
2,479
respondents
annually.

6(
b).
Estimating
Respondent
Costs
Using
the
Agency's
burden
estimate
and
the
fully­
loaded
labor
rates,
the
total
average
cost
to
comply
with
this
ICR
is
approximately
$
25
per
response.
The
total
average
annual
cost
of
the
estimated
burden
for
all
respondents
associated
with
the
supplemental
distribution
of
a
registered
pesticide
product
is
$
63,066.
The
methodology
for
calculating
the
respondent
burden
has
not
changed
since
the
last
ICR
approval.
The
number
of
annual
estimated
respondents
is
2,479,
with
each
spending
approximately
15
minutes
responding
per
submission.
For
respondents,
the
value
of
labor
per
hour
for
management
and
clerical
is
$
138
and
$
42,
respectively.
As
part
of
this
ICR
renewal,
EPA
increased
its
previously
estimated
labor
rates
for
respondents
by
factoring
in
an
inflation
cost
index
of
1.058
based
on
the
Gross
Domestic
Product.
These
labor
rates
are
fully
loaded
and
include
benefits
and
overhead
costs.

Annual
Respondent
Burden/
Cost
Estimates
Burden
Hours
(
per
year)
Total
COLLECTION
ACTIVITIES
Mgmt.
$
138
Clerical
$
42
Hours
Costs
Read
any
Instructions
0.08
0
0.08
$
11.04
Process,
compile,
review
information
for
accuracy
and
appropriateness.
0.05
0
0.05
$
6.90
Complete
and
submit
EPA
Form
8570­
5
0.03
0
0.03
$
4.14
Store,
file,
or
maintain
information.
0
0.08
0.08
$
3.36
Total
0.16
0.08
0.25
$
25.44
ANNUAL
BURDEN:
0.25
Total
Hours
x
2,479
Respondents
=
620
Hours
ANNUAL
COSTS:
$
25.44
Total
Costs
x
2,479
Respondents
=
$
63,066
6(
c).
Estimating
Agency
Burden
and
Cost
March
29,
2006
Page
7
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9
The
total
annual
Agency
burden
associated
with
the
notice
of
supplemental
distribution
of
a
registered
pesticide
product
is
818
hours.
This
estimate
assumes
the
Agency
devotes
0.33
hours
to
each
of
the
2,479
respondents.
The
Agency
cost
associated
with
this
program
is
$
28,632
annually.
This
cost
represents
direct
labor,
overhead,
and
general
administrative
costs.

Annual
Agency
Burden/
Cost
Estimates
Burden
Hours
Total
COLLECTION
ACTIVITIES
Clerical
$
35/
hr
Hours
Costs
($)

Pin­
Punching
Receipt
0.02
0.02
0.70
Verifying
Status
of
parent
0.05
0.05
1.75
Assigning
Company
Number
0.02
0.02
0.70
Acknowledging
Receipt
0.08
0.08
2.80
Data
Entry
and
Quality
Check
0.08
0.08
2.80
Microfilming
and
Retirement
0.08
0.08
2.80
TOTAL
0.33
0.33
11.55
ANNUAL
BURDEN:
0.33
Total
Hours
x
2,479
Responses
=
818
ANNUAL
COSTS:
$
11.55
Total
Costs
x
2,479
Responses
=
$
28,632
6(
d).
Bottom
Line
Burden
Hours
and
Cost
Tables
MASTER
TABLE
Total
Annual
Respondent
and
Agency
Burden
and
Costs
Total
Hours
Costs
Annual
Respondent
Burden/
Cost
Estimates
620
$
63,066
Annual
Agency
Burden/
Cost
Estimates
818
$
28,632
6(
e).
Reasons
for
Change
in
Burden
The
total
annual
response
burden
associated
with
the
notice
of
supplemental
distribution
of
a
registered
pesticide
product
is
620
hours,
a
decrease
of
380
hours
over
the
1000
hours
estimated
in
the
ICR
from
2003.
The
average
number
of
supplemental
registrations
received
by
the
EPA
over
the
last
three
years
is
2,479
responses
per
year
(
2,607
in
FY2003,
2605
in
FY2004,
and
2,226
in
FY2005).
We
estimate,
therefore,
that
we
will
receive
an
average
of
2,479
supplemental
registrations
annually
for
the
next
three
years.
This
annual
average
decrease
is
an
adjustment.
March
29,
2006
Page
8
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9
Because
of
the
decrease
in
the
estimated
number
of
supplemental
registrations
over
the
next
three
years,
total
respondent
costs
for
this
ICR
have
decreased
$
32,934,
from
$
96,000
in
the
2003
ICR
to
$
63,066.
This
decrease
is
also
an
adjustment.

6(
f).
Burden
Statement
The
total
estimated
annual
respondent
paperwork
burden
to
comply
with
this
information
collection
activity
is
620
hours.
This
estimate
includes
the
time
needed
to
review
instructions;
utilize
technology
and
systems
for
the
purposes
of
collecting,
validating,
and
verifying
information,
processing
and
maintaining
information,
and
disclosing
and
providing
information;
adjust
the
existing
ways
to
comply
with
any
previously
applicable
instructions
and
requirements;
train
personnel
to
respond
to
a
collection
of
information;
search
existing
data
sources;
complete
and
review
the
collection
of
information;
and
transmit
or
otherwise
disclose
the
information.
An
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
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.

Submit
your
comments,
referencing
Docket
ID
No.
EPA­
HQ­
OPP­
2006­
XXXX.
to
(
1)
EPA
online
using
www.
regulations.
gov
(
our
preferred
method),
or
by
mail
to:
Public
Information
and
Records
Integrity
Branch
(
PIRIB),
Mail
Code:
7502C,
Office
of
Pesticide
Programs
(
OPP),
Environmental
Protection
Agency,
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.

Use
EPA's
electronic
docket
and
comment
system
at
www.
regulations.
gov,
to
submit
or
view
public
comments,
access
the
index
listing
of
the
contents
of
the
docket,
and
to
access
those
documents
in
the
docket
that
are
available
electronically.
Once
in
the
system,
select
"
docket
search,"
then
key
in
the
docket
ID
number
identified
above.
Please
note
that
EPA's
policy
is
that
public
comments,
whether
submitted
electronically
or
in
paper,
will
be
made
available
for
public
viewing
at
www.
regulations.
gov
as
EPA
receives
them
and
without
change,
unless
the
comment
contains
copyrighted
material,
CBI,
or
other
information
whose
public
disclosure
is
restricted
by
statute.
For
further
information
about
the
electronic
docket,
go
to
www.
regulations.
gov.
March
29,
2006
Page
9
of
9
ATTACHMENTS
TO
THE
SUPPORTING
STATEMENT
Attachment
A
7
U.
S.
C.
136a(
e)
­
FIFRA
Section
3(
e).
Attachment
A
is
only
available
electronically.
You
may
access
this
file
at
the
Federal
eRulemaking
Portal
http://
www.
regulations.
gov.
Follow
the
online
instructions
for
viewing
documents.

Attachment
B
EPA
Form
8570­
5
­
Notice
of
Supplemental
Distribution
of
a
Registered
Pesticide
Product.
Attachment
B
is
only
available
electronically.
You
may
access
this
file
at
the
Federal
eRulemaking
Portal
http://
www.
regulations.
gov.
Follow
the
online
instructions
for
viewing
documents.

Attachment
C
40
CFR
part
152.132.
Attachment
C
is
only
available
electronically.
You
may
access
this
file
at
the
Federal
eRulemaking
Portal
http://
www.
regulations.
gov.
Follow
the
online
instructions
for
viewing
documents.

Attachment
D
Display
Related
to
OMB
Control
#
2070­
0044
­
Listings
of
Related
Regulations
in
40
CFR
9.1.
Attachment
D
is
only
available
electronically.
You
may
access
this
file
at
the
Federal
eRulemaking
Portal
http://
www.
regulations.
gov.
Follow
the
online
instructions
for
viewing
documents.
