  SEQ CHAPTER \h \r 1 SUPPORTING STATEMENT FOR

AN INFORMATION COLLECTION REQUEST (ICR)

1.	IDENTIFICATION OF THE INFORMATION COLLECTION

	

	1(a). Title of the Information Collection

	Compliance Requirement for Child-Resistant Packaging

	OMB No. 2070-0052; EPA No. 0616.09

	1(b). Short Characterization/Abstract

	This information collection program is designed to provide the
Environmental Protection Agency (EPA) with assurances that the packaging
of pesticide products sold and distributed to the general public in the
United States meets standards set forth by the Agency pursuant to the
Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). Registrants
must certify to the Agency that the packaging or device meets these
standards. There are no forms associated with this information
collection activity.

2.	NEED FOR AND USE OF THE COLLECTION

	2(a). Need/Authority for the Collection

	Section 25(c)(3) of FIFRA authorizes EPA to establish standards for
packaging of pesticide products and pesticidal devices to protect
children and adults from serious illness or injury resulting from
accidental ingestion or contact (see Attachment A). The law requires
that these standards are designed to be consistent with those under the
Poison Prevention Packaging Act, administered by the Consumer Product
Safety Commission (CPSC). Unless a pesticide product qualifies for an
exemption, if the product meets certain criteria regarding toxicity and
use, it must be sold and distributed in child-resistant packaging. The
authority for this information collection is pursuant to Section
25(c)(3) of the FIFRA. Compliance regulations are contained in 40 Code
of Federal Regulations (CFR) Part 157 (Attachment B).

	2(b). Practical Utility/Users of the Data

	EPA reviews a registrant's child-resistant packaging (CRP)
certification to determine if there are human safety/health risk
concerns. Exemption requests are reviewed to ascertain if there is a
health risk, and if CRP is technically feasible, practicable, and
appropriate.

NON DUPLICATION, CONSULTATIONS, AND OTHER COLLECTION CRITERIA

	3(a). Non duplication

	To avoid duplicative testing of packages for pesticidal and
non-pesticidal purposes, EPA's CRP regulations reference the CPSC
packaging standards and protocol testing procedures.  This is the only
information collection activity of its kind and the information
collected under this activity is collected only once per event (e.g.,
once per certification of CRP compliance).

	3(b). Public Notice Required Prior to ICR Submission to OMB

	In preparing to renew this ICR, EPA published a notice in the Federal
Register which provided a 60-day public notice and comment period on the
draft ICR (see 72 FR 13274; March 21, 2007).  EPA received one public
comment in response to this notice which is available in the docket for
this ICR and can be accessed at   HYPERLINK "http://www.regulations.gov"
 http://www.regulations.gov  using the docket indentifier
EPA-HQ-OPP-2006-0861.  That comment was general in nature about the risk
of pesticides, and did not address the burden, cost, or purpose of this
information collection.

	3(c). Consultations

	EPA consults with the CPSC on general packaging issues, products under
joint jurisdiction (e.g. bleaches and pine oil products), and the
regulatory aspect of implementing consumer (child) safety measures in a
way that keeps them consistent with those under the Poison Prevention
Packaging Act.

	The Agency also discusses specific packaging issues (for example,
determining what can reasonably be required or expected in terms of
technical and/or economic feasibility) with the CPSC and the packaging
industry itself. These consultations occur on an informal "as needed"
basis during the process of evaluating exemption requests and certifying
to the use of CRP.  In the past, when any sort of problem (technical,
administrative, or other) arose, or there were suggestions for
improvement in the program, the respondent is given ample opportunity to
inform the agency and vice versa. This communication between both
parties may take place either in a telephone conversation or in a
meeting setting, but not necessarily by a prescribed schedule.

	During the preparation of this ICR renewal, EPA staff contacted the
following representatives of pesticide registrants by telephone and
e-mail and asked them for their feedback on the burden and cost
estimates in the ICR:

Mark Jernigan

Federal Registration Manager

Bio-Lab, Inc.

P.O. Box 300002

Lawrenceville, GA 30049

(678) 502-4149	Amy Plato Roberts

Technology Sciences Group Inc.

1150 18th Street, NW, Suite 1000

Washington, DC 20036

Direct Dial: (202) 828-8964

E-Mail: aroberts@tsgusa.com

Stuart McArthur

Sr. Registration Spec.

S. C. Johnson & Son, Inc.

Howe St., 

Racine, WI, 53402

Tel. No. (262) 260-2405

	Although Mr. Jernigan, Ms. Roberts, and Mr. McArthur all agreed that
preparation times can differ widely, they also agreed that on the
average, EPA’s burden hour estimates accurately reflected the time
needed to prepare the various types of CRP submissions (see Attachment
C).

	3(d).  Effects of Less Frequent Collection

	The information collection occurs once for each product-package
combination subject by law to the CRP provisions. In the absence of this
information collection activity, the burden of proof would be shifted
from the registrant to the EPA. Based on enforcement case precedents
involving CRP, EPA would need to have specific evidence to make the
product-package case. Consequently, on the basis of the time and cost
involved, EPA would find it difficult to fulfill its statutory
responsibilities to ensure that pesticides are equipped with protective
packages adequate to protect children from accidental illness or injury.

	3(e). General Guidelines

	The only PRA-imposed guideline in 5 CFR 1320.6 that is exceeded in this
collection is the recordkeeping retention period. Registrants or
applicants of pesticides for which CRP is required must retain the
records required under 40 CFR 157.36 for as long as the registration is
valid.

	Registrations are valid unless or until they are either voluntarily
canceled or withdrawn by the registrant or until EPA has cause to
suspend or cancel the registration due to an adverse finding by EPA.
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 three
years may often be exceeded in this program.

	The Agency solicits packaging manufacturers to voluntarily submit
samples of CRPs that have passed CRP testing, identify the packaging,
its manufacturer, and list the package's classification according to the
ASTM International Standard D3475, "Standard Classification of
Child-Resistant Packages."  The Agency will compile and update the
information on an ongoing basis on its CRP Website (  HYPERLINK
"http://www.epa.gov/opprd001/crp/"  www.epa.gov/opprd001/crp/ ). The
Website includes descriptions and photographs of the package, with each
package classified according to the ASTM International D3475 Standard.  

	The CRP Website provides a service to CRP manufacturers and pesticide
registrants by displaying the various types of CRP in the marketplace
which, in turn, should facilitate compliance with the CRP regulations.
An Agency request for, and the public’s submission of, these packaging
samples is not a collection of information for the purposes of the
Office of Management and Budget (OMB) Paperwork Reduction Act
regulations.  OMB’s regulations define “information” such that it
excludes “samples of products or of any other physical objects” (see
5 CFR 1320.3(h)(2)).  Therefore, EPA is not required to estimate the
burden associated with submitting these packaging samples.

	3(f). Confidentiality

	Although submission of confidential information is not required as a
part of this information collection, there has been at least one
instance where confidential data have been submitted voluntarily as
supporting material for an exemption request from CRP compliance
requirements.

	When any trade secret or Confidential Business Information (CBI) is
provided to EPA, such information is protected from disclosure under
section 10 of FIFRA. Data submitted to EPA is handled strictly in
accordance with the provisions of the FIFRA Confidential Business
Information Manual.

	This manual contains instructions relative to all contact with
confidential documents, including responsibilities of EPA employees,
physical security measures, CBI copying and destruction procedures,
transfer of CBI materials within the EPA, to contractors or other
government offices, computer security, CBI typing procedures (documents
to be typed internally or on contract), and division internal
procedures.

	The manual dictates that all CBI must be marked or flagged as such,
only authorized EPA personnel may be permitted access to CBI, and CBI
must be kept in secure (double locked) areas. Additionally, CBI for
destruction must be cleared by a Document Control Officer and placed in
the Office of Prevention, Pesticides and Toxic Substances paper
shredder.

	3(g).  Sensitive Questions

	No information of a sensitive or private nature is requested in this
information collection activity.

4.	THE RESPONDENTS AND THE INFORMATION REQUESTED

	4(a). Respondents/NAICS Codes

	The North American Industrial Classification System (NAICS) code for
respondents under this ICR is 325320 (Pesticide and other Agricultural
Chemical Manufacturing).  EPA estimates that 703 registrants will be
required to respond to this information collection activity annually. 
The number of respondents is based on the number of registrants in
FY2006 that had active registrations for pesticides meeting the use
criteria which trigger Child-Resistant Packaging (CRP) requirements.  In
FY2006, these registrants held 5,307 pesticide registrations with 40%
(2109 pesticide registrations) triggering the CRP requirements.  On
average, a CRP response will be submitted once every three years for
each of these 2109 affected registered products.

	4(b). Information Requested

	

	Pesticide registrants subject to the regulations are required to
certify to the Agency that the packaging for the pesticide product meets
the standards of 40 CFR 157, or request an exemption to the requirement.

		(i)  Data items, including record keeping requirements

	The respondent certification letter must exercise one of the following
information options in this section or in section (i)(a) to comply with
40 CFR Part 157:

Certify to CRP by letter to Agency	The name, and EPA registration number
of the product to which the certification applies, the Certification
statement, the registrant’s name and address, the date, and the name,
title and signature of the company officer making the certification. The
Certification statement must contain a statement that the pesticide
product complies with 40 CFR 157.32.  A description of the packaging
used and the ASTM International Standard D3475, "Standard Classification
of Child-Resistant Packages," designation is requested (not required).

Product does not meet Toxicity Criteria	Submit toxicity data that
indicate a specific product's minimal toxicity, or reformulate to a less
toxic product and assert that the CRP regulations do not apply.
Approximately 2 percent of pesticide registrants choose this option for
complying with the CRP program. 

Product is not for Residential Use	Revise product labeling so that CRP
regulations do not apply, i.e., specifying non-residential use areas, or
eliminate residential use. The registrant is required to send EPA a copy
of the revised labeling. Approximately 2 percent of pesticide
registrants use this option.  



	Approximately 92 percent of pesticide registrants choose to certify
that their pesticide product packaging meets the effectiveness,
compatibility, and durability standards at 40 CFR 157.32. Registrants
who certify are required to maintain data to corroborate the
certification for the duration of the pesticide's registration as
required by 40 CFR 157.36. Of those registrants who do certify,
approximately 35 percent must submit data because of human safety/health
risk concerns.  If data is needed, EPA requests that registrants submit
data electronically to expedite data analysis. Pesticide Regulation (PR)
Notice 97-9 describes the benefits and requirements of electronic data
submission (see Attachment D). 

		(i)(a)  Exemptions from CRP 	

	Currently, registrants have several options by which they may be
exempted from CRP requirements. These options include:

	

	(1) Package the product in a large size so that CRP regulations do not
apply. Exercising this option effectively eliminates sales to the
general public. It is based on the concept that certain bulk size
pesticide packages are intended for commercial use even in residential
areas (i.e., exterminator-use insecticides and contract lawn care
products). These package sizes are specified in 40 CFR 157.24 (a)(2).
The pesticide registrant is not required to seek a formal exemption for
this option, and approximately 4 percent of registrants use this option.
However, CRP may be required for products packaged in a size exceeding
those outlined in exemption criteria at 40 CFR 157.24(a)(2) if it is
determined by the EPA that the product is distributed or sold to the
general public. As such, EPA expects that some of these registrants will
no longer meet the criteria for the exemption. 

	(2) Registrants may also assert that an exemption to CRP is warranted
because the hazards indicated by the toxicity criteria are not
indicative of risk to humans, or that CRP is not technically feasible,
practicable, or appropriate. Each request for an exemption is unique,
and the data necessary to support an exemption are unique. Less than 1
percent of pesticide registrants choose this option with the CRP
program. 

		(ii)  Respondent Activities

	In order to comply with the CRP regulations, registrants must engage in
the following activities:

Read instructions	Review requirements of FIFRA section 25 (c)(3) and 40
CFR Part 157, including its reference to 16 CFR 1700.15(b) and 16 CFR
1700.20;

Plan activities	Decide under which option to comply with CRP compliance
requirements or whether an exemption will be requested;

Create information 	Compile necessary data regarding compliance or
exemption from CRP requirements;

Review data for

reliability and

appropriateness	Review performance testing data to ensure that it will
support CRP certification and identify the ASTM International Standard
D3475, “Standard Classification of Child-Resistant Packages,” for
the package.



Prepare and submit certification statement. 	Draft a certification
statement citing compliance with CRP requirements and include a
description of the package, or explain why the product is not subject to
CRP, or request an exemption from CRP compliance requirements and
compile/cite any supporting data as necessary. Submit information to
EPA.

Store, file, and

maintain data	Maintain any data and information sent to EPA to certify
CRP compliance, support a determination as to why product is not subject
to CRP, or justify an exemption from CRP.



5.	THE INFORMATION COLLECTED - AGENCY ACTIVITIES, COLLECTION
METHODOLOGY, AND INFORMATION MANAGEMENT

	5(a). Agency Activities

	Upon receipt of a certification letter, EPA performs the following
activities:



Review correspondence	Review correspondence for completeness.
Incomplete/incorrect certifications are returned to registrants; 

Evaluate data and advise registrant 	Evaluate data submitted and
determine whether the registrant has met the CRP requirements, has
sufficiently substantiated reasons for not being subject to CRP (e.g.
reformulate to a less toxic product) or decide whether or not to grant
an exemption. Advise registrant of decision; 

Store, file, and

maintain data	All CRP data submitted to the Agency are referenced by an
MRID number in the registration file jacket for the pesticide product.
The Agency maintains a record of all CRP certifications in its generic
database. 



	5(b). Collection Methodology and Management

	Respondents to this ICR submit the information as part of their larger
package for registration of a pesticide product.  Although EPA is
working to allow electronic submission of registration packages, they
are currently submitted by mail.  The Agency has no objection to
submission of the CRP information on CD ROM as part of the registration
package.

	For CRP certifications with data, EPA requests that responses are
submitted electronically to expedite data analysis.  See Attachment D
for guidance on electronic data submission.  CRP certifications with
data are the most burdensome of the four response types under this ICR,
comprising about 35 percent of all responses and nearly 80 percent of
the total estimated burden.

	EPA only collects data in support of a CRP certification when there are
human safety/health risk concerns. EPA requires that registrants
maintain data in support of their certifications of the child-resistance
of the product's packaging or devices. At the time of CRP certification
we are requesting that the registrant identify the type of packaging
used. This data is a part of their recordkeeping requirements (under 40
CFR 157.36). This additional piece of data may enable the Agency to
contact all pesticide registrants using a particular type of CRP should
a generic problem with the CRP become evident (e.g. trigger sprayers
that are no longer considered CRP).  It will also facilitate the review
of CRP exemption requests because the Agency can ascertain how similar
pesticide formulations are packaged.

	The generic database system continually tracks all registration actions
from the registration-pending stage through to full registration and
until a product is canceled. A generic database maintains information on
both currently registered products and previously registered products,
thereby acting as a registration action historical file. Additionally,
the CRP compliance certification hard copy correspondence letters are
filed in the pesticide product registration jacket.

	5(c). Small Entity Flexibility

	The incorporation of alternative methods to verify that the package
meets the requirements of 40 CFR 157.32 have allowed manufacturers to
use extrapolation schemes, available child-resistant protocol test data,
and supporting documentation without spending the time and money to
develop the data on their exact package. The burden and cost to industry
also is minimized by: the reference of the CPSC effectiveness standards
and protocol test procedures that preclude duplicative testing for
pesticidal and non-pesticidal purposes, and also allow for the use of
CRP developed for non-pesticidal purposes; the use of packaging
manufacturer's data rather than product-specific data; discretion and
innovation with regard to product packaging compatibility and package
selection; and the granting of the size exemptions without requiring an
application from the registrant or approval by EPA.

5(d). Collection Schedule

	CRP certification is usually conducted only when a registrant notifies
EPA by application of their intention to either change packaging, enter
the residential market, or otherwise become subject to CRP regulations. 
Therefore, for each registered pesticide product, this is a one-time
submission unless labeled product use or package design changes.

6.	ESTIMATING THE BURDEN AND COST OF THE COLLECTION

	6(a). Estimating Respondent Burden

	EPA estimates that the average burden associated with this information
collection activity is approximately 4.9 hours per response.1  This
estimate is based on an average response time across all response types
(i.e. submit CRP certifications, submit CRP certifications with data,
submit CRP exemption explanation based on large package size, submit CRP
exemption explanation based on a lack of toxicity, packaging issues,
eliminating residential use, lower product toxicity). The number of
respondents expected for each of the various response types is based on
the number of each type of CRP submission received annually. 

	EPA’s estimates of respondent burden do not include any burden at
management levels.  Responses to this information collection activity
are generally handled, without management time, by the technical
personnel such as the regulatory affairs person and packaging personnel
with some clerical support.  These CRP actions require an estimated
average of 3.5 hours technical time and 1.4 hours clerical time, which
is broken down as follows:

25 technical minutes to ascertain whether the product is subject to the
CRP regulations (meets toxicity criteria, residential use) and to decide
whether to submit a CRP certification, data, be exempt from regulations
due to large size or other criteria;

86 technical minutes to create/prepare the information; 

73 technical minutes to review submission for accuracy and
appropriateness (process, compile, complete document); 

61 clerical minutes to format submission and prepare information; 

25 technical minutes to review and sign the appropriate documents; and,

25 clerical minutes to mail the submission, file the respondent copy and
CRP documentation

Type of Response	Number of Responses	Percent of Total

CRP certification	401	57

CRP certification with data	246	35

Exempt – large package size	28	4

Exempt – lack of toxicity, packaging, no residential use, lower
product toxicity	28	4



	Respondents submitting CRP certifications without data require 1 hour
of technical labor time in order to determine whether the product is
subject to the CRP regulations (meets toxicity criteria, residential
use), identify the type of CRP used, and prepare the CRP certification. 
An additional 30 minutes clerical time is required to complete the CRP
certification submission to the Agency and file the supporting CRP
information. 

	Respondents submitting CRP certifications with data require 8 hours of
technical labor time in order to determine the product is subject to the
CRP regulations (meets toxicity criteria, residential use); identify the
type of CRP used; prepare the CRP certification; gather the supporting
CRP data; and 3 hours of clerical time to prepare the CRP data package,
complete the CRP certification submission to the Agency, and file the
supporting CRP data. 

	Respondents that are exempt from CRP requirements based on large
package size require no time because the CRP regulations require no
action on their part. Respondents that are exempt from CRP requirements
for the reasons described in Section 4(b) of this ICR require 4
technical hours and 1.9 clerical hours to prepare their submission
indicating why CRP is not required and/or CRP is not possible.  These
burden estimates by response type are summarized in Table 1.

	The total estimated respondent burden to comply with this information
collection activity is 3,473 burden hours/year (4.94 hours per
respondent x 703 respondents) at a cost of $193,567.  This cost estimate
is illustrated in Table 2.

Table 1.	ANNUAL RESPONDENT BURDEN BY RESPONSE TYPE

Type of Response	No. of Responses	Technical Burden 	Clerical Burden
Aggregate Burden



Hours Per Event	Total	Hours Per Event	Total

	CRP certification	401	1	 401	0.5	200.5	601.5

CRP certification with data	246	8	1968	3	738	2706

Exempt from CRP due to large package size	28	0	0	0	0	0

Exempt from CRP due to lack of toxicity, packaging, no residential use,
lower product toxicity	28	4	 112	1.9	53.2	165.2

TOTAL	

703	n/a	2481	n/a	991.7	3,473



	6(b). Estimating Respondent Costs

For a period of some years, when estimating labor rates for most OPP
program ICR renewals, the Agency adjusted the ICR renewal labor rates by
using methods such as the NASA Gross Domestic Product (GDP) Deflator
Inflation Calculator to index the labor cost for a particular year. 
However, in July 2006, Agency economists completely re-estimated wages,
benefits, and overhead for all labor categories for the pesticide
industry, state government and Agency employees.  The Agency analysis
uses currently available information on labor rates and other benefits
from publicly available websites.  A copy of the methodology used to
re-estimate the labor rates and formulas used to derive the fully loaded
rates and overhead costs is in Attachment E. 

To derive the labor rates for this ICR, Agency economists estimated the
wages for the technical and clerical labor categories using the
methodology cited above.  The respondent costs for this renewal for
technical and clerical rates are estimated at $64.80 and $33.05 per
hour, respectively.  These labor rates are fully loaded and include
benefits and overhead costs. 

	The total average cost of the estimated burden per respondent to comply
with the CRP is approximately $275 per response. Using the Agency’s
burden estimate and the fully-loaded labor rates, the Agency estimates
total applicant costs to be approximately $193,567  per year. There are
no capital expenditures associated with this information collection
activity.

Table 2.	ANNUAL RESPONDENT BURDEN/COST ESTIMATES

COLLECTION ACTIVITIES	Burden Hours	TOTAL

	Tech. 

$64.80/hr.	Clerical 

$33.05/hr.	Burden

Hours	Costs

(in USD)

Read instructions	0.20	0	0.20	12.96

Plan activities	0.21	0	0.21	13.61

Create information including electronic format of data	1.43	0	1.43	92.66

Process, compile, and complete written compliance document	1.24	1.04
2.28	114.72

Review submission	0.41	0	0.41	26.57

Store, submit, file, or maintain data	0	0.41	0.41	13.55

TOTAL	3.5	1.4	4.94	274



ANNUAL BURDEN:        4.94 Total Hours   x   703 Respondents    = 	
3,473 Burden Hours

ANNUAL COSTS:

		(a) Technical: 3.53 hours x $64.80 x 703 respondents = 	$160,807

		(b) Clerical:    1.41 hours x $33.05 x 703 respondents = 	$  32,760

	Total      =     	$193,567 

	6(c). Estimating Agency Burden and Cost

	The Agency burden hours for the entire CRP process will decrease from
19.8 hours to18.9 hours per response.  There has been a significant
decrease in the number of exemption requests from CRP due to lack of
toxicity or packaging, which is the most resource intensive activity for
EPA, which results in an overall decrease in the average Agency burden
per response.

  

	Annual burden to the Agency is estimated at 13,296.5 burden hours at a
cost of $869,311.  The main portion of the burden hours is expected to
result from the evaluation of data related to human safety/health risk
concerns associated with CRP certification, and assessing some of the
more complex options for compliance (e.g. requesting an exemption). 

Table 3.	ANNUAL AGENCY BURDEN BY RESPONSE TYPE	

Action	No. of Respondents	Technical Burden 	Clerical Burden



Hrs Per Event	Total	Hrs Per Event	Total

CRP certification	401	2.3	922.3	1	401

CRP certification with data	246	40	9840	1	246

Exempt from CRP due to large package size (registrant meets size
requirement, no action needed)	28	0	0	0	0

Exempt from CRP due to lack of toxicity, packaging, no residential use,
lower product toxicity	28	66.5	1862	0.9	25.2

TOTAL	703	n/a	12,624.3	n/a	672.2



Agency Burden = 12,624.3 (technical burden) + 672.2 (clerical burden) =
13,296.5

Total hrs/Agency Action = 13,296.5 ÷ 703 = 18.9 hrs

 

	The average Agency burden per CRP response is estimated to be
approximately 18.9 hours, costing $1,236.57 per response ($869,310.82 ÷
703). 

Table 4.	ANNUAL AGENCY BURDEN/COST ESTIMATES

COLLECTION ACTIVITIES	BURDEN HOURS (per respondent)	TOTAL

	Mgmt. $93.07/hr	Tech. $66.34/hr	Clerical

$47.17/hr.	Burden

Hours	Costs

(in USD)

Read correspondence	

0	

1	

0	

1	$66.34

Execute activities including data review and certifications for large
size nonliquid pool chemicals	

0	

17	

0	

17	$1127.78

Store, file, or maintain data	

0	

0	

0.9	

0.9	$42.45

TOTAL	

0	

18	

0.9	

18.9	$1236.57



ANNUAL BURDEN: 18.9 Total Hours x 703 Responses = 13,296.5 Hours

ANNUAL COSTS:

		(a) Technical:    18 hours x $66.34 x 703 responses = $839,466.36

		(b) Clerical:       0.9 hours x $47.17 x 703 responses = $ 29,844.46

Total 	  $869,310.82

	6(d). Bottom Line Burden Hours and Cost Table

	Hours	Costs

Respondent Burden/Cost Estimates 	3,473 	$193,567

Agency Burden/Cost Estimates	13,297 	$869,311



 

	6(e). Reasons for Change In Burden

	The number of responses remains the same at 703 from the last ICR
approval.  The total burden hours per respondent for compliance with the
CRP requirements increased from 3 hours to 4.9 hours at a total cost of
about $275 per response. The estimated annual burden under the last ICR
approval was 2,109 hours. Under this renewal ICR, the annual burden is
estimated to be 3,473 hours. The estimated burden increase represents an
adjustment.  Neither the number of responses nor the average burden
estimate for each response type has changed.  However, the distribution
of those responses among the four response types has changed, with a net
shift from less-burdensome to more-burdensome type responses (e.g.,
increased percentage of registrants electing to certify to the CRP
requirements with data).

	A number of registrants who have traditionally marketed their products
in CRP have selected new packaging designs, thereby triggering the CRP
requirements with data to insure human safety/health risk concerns. 
Additionally, increased burden may be attributed to increased complexity
of CRP testing for more complex new CRP (e.g. 2 closures on 1 bottle),
increased use of CRP outside necessitating additional information (e.g.
outdoor ant baits).  Some respondents may opt to certify to CRP due to
changes in the cost of packaging, recycling, and safety factors. Some
registrants voluntarily use CRP to avoid having to stock multiple
packaging inventories for different products and/or an increased
environmental conscience. Some respondents may be electing to certify to
CRP because it is less time consuming than electing to submit toxicity
data, reformulate to a less toxic product, or request an exemption.  

	6(f). Burden Statement

	The total annual respondent burden for the collection of information
contained in this ICR is estimated to be 3,473 hours. The average
"respondent" (certifier) burden for the Compliance Requirement for the
CRP regulations is estimated to be 4.9 hours per submission of data
necessary to support a claim that product is not subject to CRP, should
be exempt from CRP, or CRP certification, including time for:  reading
relevant federal legislation and regulations; conducting performance
testing on closures and/or devices; reviewing test data; prepare
submission or CRP certification; and recordkeeping regarding the CRP
certification or submission. 

As defined by the PRA and 5 CFR 1320.3(b), “burden” means the total
time, effort, or financial resources expended by persons to generate,
maintain, retain, or disclose or provide information to or for a Federal
agency. This includes the time needed to review instructions; develop,
acquire, install, and utilize technology and systems for the purpose 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 be able to respond to
a collection of information; search 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. 

To facilitate public comment on the Agency's need for this information,
the accuracy of the provided burden estimates, and any suggested methods
for minimizing respondent burden, including the use of automated
collection techniques, EPA has established a public docket for this ICR
under Docket ID No. EPA-HQ-OPP-2006-0861.  All documents in the docket
are listed in the docket index. Although listed in the index, some
information may not be publicly available, e.g., CBI or other
information whose disclosure is restricted by statute.  Certain other
material, such as copyrighted material, is not placed on the Internet
and will be publicly available only in hard copy form.  Publicly
available docket materials are available either in the electronic docket
at   HYPERLINK "http://www.regulations.gov"  http://www.regulations.gov
, or, if only available in hard copy, at the OPP Regulatory Public
Docket in Rm. S-4400, One Potomac Yard (South Building), 2777 S. Crystal
Drive, Arlington, VA. The hours of operation of this Docket Facility are
from 8:30 a.m. to 4 p.m., Monday through Friday, excluding legal
holidays. The Docket telephone number is (703) 305-5805.

Also, you can send comments to the Office of Information and Regulatory
Affairs, Office of Management and Budget, 725 17th Street, NW,
Washington, DC 20503, Attention: Desk Officer for EPA.  Please include
the EPA Docket ID No. EPA-HQ-OPP-2006-0861 and OMB Control No. 2070-0052
in any correspondence.

Attachments to the Supporting Statement

Attachment A:	Section 25 (c)(3) of the Federal Insecticide, Fungicide,
and Rodenticide Act (FIFRA) - available at   HYPERLINK
"http://www.epa.gov/opprd001/crp/"  http://www.epa.gov/opprd001/crp/  or
in the docket to this ICR at EPA-HQ-2006-0861 

 

Attachment B:	40 CFR Part 157 - PACKAGING REQUIREMENTS FOR PESTICIDES
AND DEVICES – available at    HYPERLINK
"http://www.access.gpo.gov/nara/cfr/waisidx_03/40cfr157_03.html" 
http://www.access.gpo.gov/nara/cfr/waisidx_03/40cfr157_03.html  or in
the docket to this ICR at EPA-HQ-2006-0861 

	 

Attachment C:	Record of Consultations Between the U.S. Environmental
Protection Agency and Respondents to the Information Collection Request:
“Compliance Requirement for Child-Resistant Packaging” - available
in the docket to this ICR at EPA-HQ-2006-0861 

 Attachment D:	Pesticide Registration Notice 97-9 - Electronic
Submission of Child-resistant Packaging Test Data for All Pesticides and
Child-resistant Testing of Prefilled, Nonrefillable Insecticide Bait
Stations Not Designed or Intended To Be Opened or Activated in a Manner
That Exposes the Contents to Human Contact - available at    HYPERLINK
"http://www.epa.gov/opppmsd1/PR_Notices/pr97-9.html" 
http://www.epa.gov/opppmsd1/PR_Notices/pr97-9.html  or in the docket to
this ICR at EPA-HQ-2006-0861 

Attachment E:	Methodology For Estimating OPP ICR Wage Rates for
Industry, State and EPA Labor Costs: Memo From Richard Keigwin, Director
Biological and Economic Analysis Division, July 25 , 2006. – available
in the docket to this ICR at EPA-HQ-2006-0861 

Attachment F:	Display Related to OMB Control #2070-0052 - Listings of 

Related Regulations in 40 CFR 9.1 - available in the docket to this ICR
at EPA-HQ-2006-0861

	1 Based on Table 1, the avg. technical burden across all response types
is approx. 3.53 hrs. per response (2481 ÷ 703) and the avg. clerical
burden across all response types is approx. 1.41 hrs. per response
(991.7 ÷ 703).  For the purposes of estimating respondent burden and
cost (see Table 2), EPA assumes that the average burden is 4.94 hrs. per
response (3.53 technical hrs. + 1.41 clerical hrs.).

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