SUPPORTING STATEMENT FOR AN

INFORMATION COLLECTION REQUEST (ICR)

1.	IDENTIFICATION OF THE INFORMATION COLLECTION

1(a)	Title of the Information Collection:  

Pesticide Registration Fee Waivers

OMB Control No.: 2070-0167	EPA ICR No.: 2147.04

1(b)	Short Characterization/Abstract

This Information Collection Request (ICR) is a proposed renewal of an
existing ICR that is currently approved by OMB and is due to expire
October 31, 2010.  This information collection allows the Environmental
Protection Agency (EPA) to process requests for waivers and exemptions
of fees under the Pesticide Registration Improvement Renewal Act of 2007
(PRIA 2) which established Section 33 of the Federal Insecticide,
Fungicide and Rodenticide Act (FIFRA).  The ICR covers the collection
activities associated with requesting a fee waiver or exemption and
involves requesters submitting a waiver or exemption request,
information to demonstrate eligibility for the waiver or exemption, and
certification of eligibility.  Waivers are available for small
businesses and minor uses and exemptions are available for minor uses
and actions solely associated with the Inter-Regional Research Project
Number 4 (IR-4).  State and federal agencies are exempt from the payment
of fees.  This ICR provides burden hour and labor cost estimates for
both applicants for fee waivers and EPA employees who process and
approve or deny waiver requests.

2.	NEED FOR AND USE OF THE COLLECTION

2(a) 	Need/Authority for the Collection

Under the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA),
EPA must evaluate pesticides thoroughly, before they can be marketed and
used in the United States, to ensure that they will not pose
unreasonable adverse effects to human health and the environment.
Pesticides that meet this test are granted a license or "registration"
which permits their distribution, sale and use according to requirements
set by EPA to protect human health and the environment.  

The PRIA amended FIFRA to provide for the collection of fees in order to
enhance the review of covered pesticide products (see Attachment A and
Attachment F for information on the PRIA fee schedule).  Fees collected
under this program will help to reduce time frames for registration
decisions; provide greater predictability and more accountability for
those decisions; ensure that Food Quality Protection Act (FQPA)
deadlines are met; and result in more predictable and augmented funding
for the pesticide program.  The program provides stability in funding
for EPA’s Office of Pesticide Programs (OPP) over five years, October
1, 2007 to September 30, 2012.  The program’s fee schedule under PRIA
2 will be phased out beginning on October 1, 2012, and ending on
September 30, 2014.  As indicated above, the PRIA also established
provisions that allow these fees to be exempted entirely.

A registration applicant may seek a waiver as a small business, defined
by the PRIA as a business with fewer than 500 employees and on average,
annual global gross revenue from pesticides of no more than $60 million
over the most recent three-year maintenance fee billing cycle. For a
business entity with one or more affiliates, the gross revenue limit
includes total global revenues from pesticides for the entity and all of
its affiliates, including parent and subsidiary entities.  

A registration applicant qualifying as a small business under the PRIA
will be entitled to a waiver of fifty percent (50%) of its fees.  In
addition, 75% of a fee will be waived for small businesses with, on
average, annual gross global revenues from pesticides over the most
recent three-year maintenance fee billing cycle, including affiliates,
of no more than $10 million.  Small business applicants requesting
waivers must provide EPA with appropriate documentation demonstrating
that they meet these criteria.

A registration applicant may also request a minor use waiver or fee
reduction if the applicant can demonstrate that anticipated revenues
from the uses described in the registration application would be
insufficient to justify the imposition of the full application fee.  The
Agency may grant a full exemption or a partial reduction in the fee
based upon its consideration of the supporting documentation provided.  

In addition, the statute states that the Agency shall exemption the
registration service fee for an application if the Administrator
determines that two criteria are met:  that the application is solely
associated with IR-4 tolerance petition and that the exemption is in the
public interest.  The Agency anticipates that most applications
submitted by the IR-4 program would qualify for the exemption.  Finally,
the statute exempts agencies of the Federal Government or a State from
fees.

The program is expected to generate in excess of $10 million in new
registration service fees annually over five years and allows applicants
for pesticide registrations submitted prior to  March 23, 2004 to pay a
portion of the fee voluntarily.  

2(b) 	Practical Utility/Users of the Data

EPA is the sole intended user of the information collected.  This
collection of information is critical for the proper performance of
Agency functions because the information collected will allow EPA to
properly review a request for a waiver or exemption of fees under the
PRIA without delay.  The actual usefulness of the information to the
Agency is that the information collected will be used to determine if
the applicant qualifies for a fee waiver or fee reduction or exemption. 
Statutorily, in instances where the applicant requests a fee waiver or
fee reduction or exemption, the decision review time period does not
begin until either the Agency grants the waiver or exemption or until
the registrant has paid the appropriate registration service fee (or, in
the case of a partial waiver or fee reduction, the balance of the
appropriate registration service fee).  Processing of the application,
therefore, will be delayed until the Agency can render a decision on the
fee waiver or fee reduction or exemption request.  With the submission
of this data by the registrant, the Agency will be able to meet its
statutory obligation to grant or deny a waiver request within 60 days
and, potentially, earlier than the maximum 60 day period.

3.	NON DUPLICATION, CONSULTATIONS, AND OTHER COLLECTION CRITERIA

3(a) 	Non duplication

No other federal agency or EPA program is collecting fees for the
processing of applications for pesticide registration or, therefore,
information for the waiver or exemption of such fees. As such, this
information collection activity does not duplicate any other collection
of information by the federal government.

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

	Pursuant to 5 CFR 1320.8(d), EPA will publish a Federal Register (FR)
Notice announcing this proposed information collection activity and
provide a 60-day public comment period. 

3(c) 	Consultations

Prior to passage, the PRIA had been developed over a multi-year period
based upon input from the pesticide industry, industry trade
associations, public interest groups, and the Agency.  The legislation
to reauthorize the Pesticide Registration Improvement Act (PRIA) that
was introduced into Congress known as PRIA 2 was based upon the past
experience in implementing PRIA and a consensus reached by stakeholders,
informed by technical information provided by the Agency.  These
stakeholders included CropLife America, the Consumer Specialty Products
Association, the Chemical Producers and Distributors Association, the
American Chemistry Council, the Natural Resources Defense Council, and
Consumers Union, among other parties.

Consultation and/or dialogue between respondents and the Agency on the
PRIA waivers and exemptions process, content, definitions, format, and
timing is frequent and on-going.  In addition to phone conversations,
e-mails, and letters, Agency personnel participate in meetings with
individual registrants as well as gatherings of large groups of
registrants from time to time.  These communications permit an exchange
of issues, problems, and solutions on many issues. 

	On March 1, 2009, the Agency published the fifth annual report
providing an update on “Implementing the Pesticide Registration
Improvement Act -- Fiscal Year 2008.”  The report, available at  
HYPERLINK
"http://www.epa.gov/pesticides/fees/2008annual_report/pria_annual_report
_2008.html" 
http://www.epa.gov/pesticides/fees/2008annual_report/pria_annual_report_
2008.html 

  (see also Attachment B), discusses in detail the processes that have
been streamlined and the stakeholder involvement during FY 2008, the
first year of PRIA 2.  

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

Liz Bauer, Walter G. Legge Company, Inc., 800-345-3443,
liz@leggesystems.com

Terry Pizzarello, Falcon Lab LLC, 917-886-4687,   HYPERLINK
"mailto:tjpizza@optonline.net"  tjpizza@optonline.net 

Elizabeth Tannehill, Mason Chemical Company, 800-362-1855,   HYPERLINK
"mailto:liz@maquat.com"  liz@maquat.com 

Sherry Hutcheson, Phoenix Environmental Care LLC, 229-245-8856,  
HYPERLINK "mailto:sherry.hutcheson@phoenixenvcare.com" 
sherry.hutcheson@phoenixenvcare.com 

William Stoneman, W.F. Stoneman Company, LLC on behalf of Canada Inc.,
608-268-7040, billstoneman@charter.net

All five of the above respondent representatives provided feedback to a
questionnaire about the collection process and the burden and labor rate
estimates used by EPA (see Attachments C – C.4).  As is the case with
pesticide registrant companies, the above respondents vary widely in
company size and structure. This variability among companies included in
this consultation resulted in variable responses.  Four out of the five
agreed with the labor rates for management with one respondent a family
member of a family owned company.  Four out of the five respondents
reported that the fee waiver requests were prepared by management and
only one responded that technical and clerical staff was involved in
preparing a request.  This later respondent did agree with the Agency
labor rate estimates for all labor categories.   Overall, it appears
that the labor rate estimates used by EPA are reasonable, and these
consultations did not provide sufficient basis to amend them.

With respect to respondent burden, if management developed the requests,
the Agency estimate was higher than that reported.  Managers reported
spending an average of three hours preparing a request.  Whether
managers commonly prepare fee waiver requests can not be estimated from
this small sample.  The one company that reported having managers,
technical staff and clerical staff involved in the preparation of a
request reported that the burden was close to the Agency’s estimate. 
Consequently, the Agency did not revise its estimates.

3(d) 	Effects of Less Frequent Collection

  

There is no set collection schedule, per se.  Rather, the registration
service fee is collected each time a registrant submits a registration
application.  The applicant must either pay a fee or request and be
granted a waiver or exemption for each registration application
submitted.  Therefore, the frequency of collection depends entirely on
the frequency with which an applicant submits registration applications
for which they are eligible for a fee waiver or exemption.  EPA cannot
grant a waiver or exemption when one has not been requested and
documented.  Therefore, less frequent collection is not an option.

3(e) 	General Guidelines

This collection activity complies with the guidelines for information
collections under the Paperwork Reduction Act (PRA).  There is no record
keeping requirement for information submitted under this information
collection.

A registration applicant eligible for a fee waiver or exemption must
submit their signed request for the waiver, certification of
eligibility, and required documentation demonstrating eligibility.  The
industry has developed a form for the small business fee waiver request.
 Many requesters use this form, although the Agency does not require it.
 Most waivers are granted based on the small business status of the
applicant, and Confidential Business Information is included in their
submission (e.g., gross global revenues, business structures and
employment levels).  Although EPA would accept waiver requests sent in
Adobe PDF format on CD-ROM, the Agency’s expectation based on
experience is that the majority of registrants want to send their
requests in writing with ink signatures.  In the future, if it appears
that electronic submission of waiver requests by e-mail is beneficial
and feasible for respondents and EPA, we will seek to facilitate such
submissions.

3(f) 	Confidentiality

The information requested to document fee waiver or exemption requests
may contain confidential business information (CBI).  However, data
and/or information submitted to the Agency in conjunction with service
fee waiver or exemption requests may be claimed as trade secret or
commercial or financial information and will be protected from
disclosure under FIFRA section 10 and the associated regulation as
contained in 40 CFR Part 2, Subpart B.  Information claimed as CBI is
protected from public disclosure unless the Administrator determines
that disclosure is in the public interest.  OPP routinely handles CBI
data, and personnel are familiar with security procedures in accordance
with provisions of the FIFRA Confidential Business Security Manual to
ensure confidentiality.  If any information is submitted that applicants
claim as confidential, the Agency will employ the established procedures
for handling such material.

3(g) 	Sensitive Questions

No information of a sensitive or private nature is requested in
conjunction with this collection activity.  Further, this information
collection activity complies with the provisions of the Privacy Act of
1974 and OMB circular A-108.

4.	THE RESPONDENTS AND THE INFORMATION REQUESTED

4(a) 	Respondents/NAICS Codes

The North American Industrial Classification System (NAICS) codes
assigned to the parties responding to this information collection are as
follows:

NAICS Code	

Category	

Description



32532	

Pesticide and other agricultural chemical manufacturing	

individuals or entities engaged in activities related to the
registration of a pesticide product



32518	

Other Basic Inorganic Chemical Manufacturing	

manufacturers of inorganic chemicals used as inert ingredients in
pesticide products



32519	

Other Basic Organic Chemical Manufacturing	

manufacturers of organic chemicals used as inert ingredients in
pesticide products.



4(b) 	Information Requested

	4(b)(i)	    Data items, including record keeping requirements

A registration applicant who seeks a small business waiver must submit a
waiver request with appropriate documentation demonstrating that he
meets the criteria established in the PRIA, i.e., that he has fewer than
500 employees and has no more than $60 million in annual global gross
revenue from pesticides, averaged over the most recent three maintenance
fee billing cycles, including any such revenue from affiliates.  For
this purpose, the applicant may be required to submit documentation
regarding numbers of employees and, on behalf of itself and its
affiliates, gross revenue figures, and information on revenue from
pesticides over a three-year period.

A registration applicant who seeks a minor use waiver or exemption must
provide supporting documentation that anticipated revenues from the uses
that are the subject of the application would be insufficient to justify
imposition of the full registration fee.  

A registration applicant seeking an IR-4 exemption must merely request
the waiver on Form 8570-1 (Application for Pesticide Registration,
approved under OMB Control #2070-0060) and submit the application at the
same time that the IR-4 tolerance petition is submitted.  The Agency
will, in turn, determine whether the application is solely associated
with a tolerance petition submitted by IR-4 and that the waiver is in
the public interest (see Attachment E).

Although there is no record keeping requirement, PRIA provides that an
application shall be subject to a registration service fee if, at any
time, EPA determines that (i) the documentation supporting the waiver
request is not accurate or (ii) based on the documentation or any other
information, the waiver or reduction should not have been granted. 
Therefore, it is anticipated that applicants will retain copies of their
submissions as well as documents demonstrating that the applicant is
eligible for the waiver or reduction.  

There are currently no EPA forms associated with this information
collection activity.  However, an industry workgroup comprised of
representatives of registrant companies and trade associations designed
a form for assisting pesticide registrants when they submit small
business waiver requests under PRIA.  The form is available
electronically through the Consumer Specialty Products Association’s
web site (  HYPERLINK
"http://www.cspa.org/public/news/fees_document.pdf" 
http://www.cspa.org/public/news/fees_document.pdf ).  EPA does not
sponsor this form and its use is strictly voluntary.  The Agency will
accept information that is submitted via the industry form as well as
any other format that meets the requirements of the statute.

	4(b)(ii)	    Respondent Activities

	Guidance on the content and submission of fee waiver requests is
available on EPA’s website at   HYPERLINK
"http://www.epa.gov/pesticides/fees/questions/waivers.htm" 
http://www.epa.gov/pesticides/fees/questions/waivers.htm  (also, see
Attachment D).  If a registration applicant wishes to request a fee
waiver or exemption, at a minimum, it must undertake the following
activities:

     ·	Generate and submit the necessary materials to support the
request.

     

     ·	Indicate that a waiver or exemption is requested and that the
appropriate documentation supporting the request is enclosed or has been
otherwise submitted to the Agency.

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

5(a) 	Agency Activities

The Agency is expected to engage in the following activities:

Review and evaluate fee waiver requests.  Notify applicant of decision.

	Verify payments. Cross check payment information from Financial
Management Division.

	Store the data.  Image all forms, listings, telephone conversations,
etc., for archiving.

5(b) 	Collection Methodology and Management

Fee payments are sent to the Financial Management Division in St. Louis,
MO and entered in to the Agency's Integrated Financial Management System
(IFMS).  Payment information is extracted from IFMS and loaded into
OPP's tracking system (OPPIN).  Payment is due at time of application. 
If additional payment is required, invoices are generated and sent both
electronically and in paper.    All payments and invoices are generated
electronically and tracked in OPPIN.  Incoming letters, fee waiver and
exemption applications, mail receipts, petitions, and other types of
correspondence from registrants will be retained in hard copy for a
period of time and then imaged for long term electronic storage.  

Procedures for evaluating fee waiver and exemption requests will not
change.  Information and materials submitted to justify a fee waiver are
screened for completeness by the receiving division.  Economic data are
sent to OPP’s Biological and Economic Analysis Division for analysis. 
The Agency will keep applicants informed of the status of the waiver
application throughout the process by telephone and by mail.

5(c) 	Small Entity Flexibility

Small businesses may request a waiver of the registration service fee. 
A waiver applicant must demonstrate that it meets the criteria as
outlined in the PRIA.  The information that needs to be compiled in
order to make this determination is information that companies routinely
collect and maintain in the normal course of business.

5(d) 	Collection Schedule

There is no set collection schedule, per se.  Rather, the registration
service fee is collected each time a registrant submits a registration
application.  The applicant must either pay a fee or request and be
granted a waiver or exemption for each registration application
submitted if the application is within the scope of one of the 140 fee
categories.

6.	ESTIMATING THE BURDEN AND COST OF THE COLLECTION 

6(a) 	Estimating Respondent Burden

In calculating the potential respondent burden, the Agency estimated 310
responses per year for requesting fee waivers or reductions or
exemptions, based on the numbers of fee waiver or exemption 
applications during the maintenance fee cycle for the year of 2008.  

IR-4 waiver requests are not accounted for in this burden estimation. 
To be eligible for the IR-4 exemption under PRIA 2, the application must
be solely associated with a tolerance petition submitted by the IR-4
program and the exemption must be in the public interest.  To facilitate
this request, the applicant may simply include the statement "This
application is being submitted with a tolerance petition submitted in
connection with IR-4.  I request EPA to exemption the registration
service fee for this application under the IR-4 waiver provisions of
FIFRA Section 33(b)(7)(E)." on Form 8570-1 (Application for Pesticide
Registration).  Burden hours associated with completing this form are
already covered by the ICR entitled “Application for New or Amended
Registration” approved under OMB Control Number 2070-0060.  EPA is not
requiring that registrants submit additional information.  The Agency
will determine whether the application is solely associated with a
tolerance petition submitted by IR-4 and whether the exemption is in the
public interest.

	Minor use waiver or exemption requests are not considered in estimating
respondent burden because since March 23, 2004, only thirteen requests
have been received out of several thousand applications.

There are three types of small business waiver applications. The first
type, Type A, is a first-time applicant requesting fee waiver or
reduction.  The second type, Type B, is an application requesting
another fee waiver or reduction within the same maintenance fee billing
cycle. The third type, Type C, is from an applicant who has applied for
a fee waiver in a prior maintenance fee billing cycle but not in the
current cycle.  EPA assumes that the respondent burden and cost for the
Type B application is the lowest because Type B applicants will only
need to certify that there have been no changes to the information
previously submitted or, in the alternative, only provide documentation
with respect to those elements that have changed.  Type C applications,
on the other hand, will need to submit all the documentation supporting
the waiver request, providing updated financial and employee
information. EPA assumes, however, that the cost and burden on most Type
C applicants will be less than first time applicants because applicants
will already be familiar with the waiver requirements and, in many
cases, should have a portion of the supporting financial and business
affiliation documentation is readily available. The cost and burden on
the Type A applicants will be the same as those for the first-year
applicants.  EPA assumes that every new applicant seeking a waiver of
the registration service fee will want to familiarize him/herself with
the criteria from the outset, thus this burden is considered a one-time
burden that will occur the first time the applicant submits a
registration application under the PRIA.  

	Based on the number of waiver requests EPA actually received during the
first full year of PRIA 2, the maintenance billing cycle for 2008, EPA
estimates that 1800 requests for registration actions will be received
per year, of which 293 will request fee waivers or reductions. Of the
293 responses EPA estimates that 11% (31 out of 293) will be the
first-time applicants (Type A), 59% (174 out of 293) will be the Type B
applications, and 30% (88 out of 293) will be Type C applications each
year,  EPA estimates of respondent burden hours per response, for each
of the three response types, were corroborated by representative
respondents in consultations (see section 3(c) of this supporting
statement) and have not been revised for this ICR renewal.  The burden
per response, number of responses, and total burden for each of the
three response types are presented in Tables 1, 2, 3, and 5, below.

6(b) 	Estimating Respondent Costs

Consistent with recent ICR renewals, OPP is using labor cost estimates
from Agency economists with respect to wages, benefits and overhead for
all labor categories for affected industries, state government, and EPA
employees.  This approach uses a transparent and consistent methodology
and current publicly-available data to provide more accurate estimates
and allow easy replication of the estimates.

Methodology:	The methodology uses data on each sector and labor type for
an Unloaded wage rate (hourly wage rate), and calculates the Loaded wage
rate (unloaded wage rate + benefits), and the Fully loaded wage rate
(loaded wage rate + overhead).  Fully loaded wage rates are used to
calculate the Agency’s staffing costs.  

Unloaded Wage Rate:  Wages are estimated for labor types (management,
technical, and clerical) within applicable sectors. The Agency uses
average wage data for the relevant sectors available in the National
Industry-Specific Occupational Employment and Wage Estimates from the
Bureau of Labor Statistics (BLS) at   HYPERLINK
"http://www.bls.gov/oes/current/oes_nat.htm" 
http://www.bls.gov/oes/current/oes_nat.htm .  

Sectors: The specific North American Industry Classification System
(NAICS) code and website for each sector is included in that sector’s
wage rate table.  Within each sector, the wage data are provided by
Standard Occupational Classification (SOC).  The SOC system is used by
Federal statistical agencies to classify workers into occupational
categories for the purpose of collecting, calculating, or disseminating
data (see   HYPERLINK "http://www.bls.gov/oes/current/oes_stru.htm" 
http://www.bls.gov/oes/current/oes_stru.htm  ).  

Loaded Wage Rate: Unless stated otherwise, all benefits represent 43% of
unloaded wage rates, based on benefits for all civilian non-farm
workers, from   HYPERLINK "http://www.bls.gov/news.release/ecec.t01.htm"
 http://www.bls.gov/news.release/ecec.t01.htm . However, if other
sectors are listed for which 43% is not applicable; the applicable
percentage will be stated.

Fully Loaded Wage Rate: We multiply the loaded wage rate by 50% (EPA
guidelines 20-70%) to get overhead costs.

Attachments G – G.1 contain worksheets providing the breakout of these
costs.  Costs are indexed to 2008 data.  

To derive the labor rates for this ICR, Agency economists estimated the
wages for the management, technical, and clerical labor categories using
the methodology cited above.  The respondent costs for this renewal for
managerial, technical and clerical rates are estimated at $109.82,
$60.39, and $35.89 per hour, respectively.  These labor rates are fully
loaded and include benefits and overhead costs.

 EPA expects that applicants will incur minor expenses that are not
directly related to paperwork activities, such as the costs of producing
photocopies and postage costs.  EPA estimates that these costs will
average about $10 per applicant and has factored these costs into the
estimated total cost figures. Annual respondent burden and costs could
vary with such factors as business structure of waiver applicants and
types of information submitted.  Therefore, the actual respondent burden
and costs to a respondent could be higher or lower than the estimated
respondent burden and costs reflected in tables 1, 2, and 3. 

Table 1: Annual Respondent Burden and Cost Estimates (Type A)

COLLECTION ACTIVITY	

Burden Hours (per year)	

Total

	Management $109.82/hr	Technical $60.39/hr	Clerical $35.89/hr	

Hours	

Costs ($)



Read regulation and plan activities	

7	

0	

0	

7	769



Generate materials for waiver request for submission to EPA	

0	

24	

0	

24	1,449



Store/maintain/submit and produce information	

0	

0	

6	

6	215



Totals	

7	

24	

6	

37	2,433

PAPERWORK BURDEN AND COST: 

37 hours/response x 31 responses = 1,147 total hours

$2,43/response x 31 responses = $75,435

NON-PAPERWORK COSTS:

$10 (postage and paper copies) x 31 responses = $310

TOTAL ANNUAL RESPONDENT COST (TYPE A): 

$75,435 (paperwork) + $310 (non-paperwork) = $75,745Table 2: Annual
Respondent Burden and Cost Estimates (Type B)

COLLECTION ACTIVITY	

Burden Hours (per year)	

Total

	Management $109.82/hr	Technical $60.39/hr	Clerical $35.89/hr	

Hours	

Costs ($)



Read regulation and plan activities	

2	

0	

0	

2	220



Generate materials for waiver request for submission to EPA	

0	

4	

0	

4	242



Store/maintain/submit and produce information	

0	

0	

6	

6	215



Totals	

2	

4	

6	

12	677

PAPERWORK BURDEN AND COST: 

12 hours/response x 174 responses = 2,088 total hours

$659/response x 174 responses = $117,716

NON-PAPERWORK COSTS:

$10 (postage and paper copies) x 174 responses = $1,740

TOTAL ANNUAL RESPONDENT COST (TYPE B): 

$117,716 (paperwork) + $1,740 (non-paperwork) = $119,456

Table 3: Annual Respondent Burden and Cost Estimates (Type C)

COLLECTION ACTIVITY	

Burden Hours (per year)	

Total

	Management $109.82/hr	Technical $60.39/hr	Clerical $35.89/hr	

Hours	

Costs ($)



Read regulation and plan activities	

2	

0	

0	

2	220



Generate materials for waiver request for submission to EPA	

0	

19	

0	

19	1,147



Store/maintain/submit and produce information	

0	

0	

6	

6	215



Totals	

2	

19	

6	

27	1,582

PAPERWORK BURDEN AND COST: 

27 hours/response x 88 responses = 2,376 total hours

$1631/response x 88 responses = $139,247

NON-PAPERWORK COSTS:

$10 (postage and paper copies) x 88 responses = $880

TOTAL ANNUAL RESPONDENT COST (TYPE C): 

$139,247 (paperwork) + $80 (non-paperwork) = $140,127

6(c) 	Estimating Agency Burden and Cost

The Agency’s burden consists of reviewing, evaluating, and notifying
applicants of the Agency’s decision to grant or deny fee waiver
requests; entering data into tracking systems; verifying fee payment;
and storing/maintaining this information.  Table 4 estimates EPA’s
burden for performing these activities.  Agency labor costs for this
renewal for managerial, technical and clerical rates are estimated at
$107.56, $71.58, and $41.21 per hour, respectively.  These labor rates
are fully loaded and include benefits and overhead costs.

Table 4: Annual Agency Burden and Cost Estimates 

COLLECTION ACTIVITY	

Burden Hours (per year)	

Total

	

Management.$107.56/hr	

Technical

$71.58/hr	

Clerical

$41.21/hr	

Hours	

Costs ($)



Review submitted waiver request and notify requestor of decision	

1	

20	

2	

23	1,622



Enter data into tracking systems	

0	

0	

0.5	

0.5	21



Verify payment	

0	

0	

0.5	

0.5	21



Store/maintain/submit information	

0	

0	

1	

1	41



Totals	

1	

20	

4	

25	1,704

ANNUAL BURDEN: 25 hours/response x 293 responses = 7,032 Hours

ANNUAL COSTS: $1610/response x 293 responses = $499,290



	6(d) 	Bottom Line Burden Hour and Cost Tables

Table 5: Total Annual Burden and Cost Estimates

	

	TOTAL ESTIMATES

	

	Hours	

	Costs



Applicant -Annual

 (Type A + Type B + Type C)	5,611	335,328



                Type A	1,147	75,745



                Type B	2,088	119,456



                Type C	2,376	140,127



Agency - Annual	

7,032	

$499,290



6(e) 	Reasons For Changes In Burden

The total estimated annual respondent burden for this ICR has decreased
by 2,757 hours, from 8,368 hours in the existing ICR, to 5,611 hours for
this renewal.  The average estimated burden per response for each of the
three types of applications has not changed:  37 hours for Type A, 12
hours for Type B, and 27 hours for Type C.  These estimates of burden
per response were corroborated by consultations with respondents (see
section 3(c) of this supporting statement).  However, the total number
of responses per year decreased from 389 to 293, and the percentage of
the total received for each type changed significantly.   Both the total
number of waiver requests received, and the number (or percentage) of
each of the three types of responses, were based on EPA estimates in the
current ICR, as the program was still very new and a year’s worth of
observations were not available.  However in this renewal request, the
annual number and distribution of responses among the three types are
based on actual responses received.  The major shift in the distribution
of responses to the least-burdensome type (Type B), resulted in the
lower total estimated burden.  

	6(f) 	Burden Statement

The annual public reporting and recordkeeping burden for this collection
of information is estimated to average 37, 12, and 27 hours per
response, for the three different types of applications.  According to
the PRIA, “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.  For this collection
it includes the time needed to read the new regulation, review
instructions, plan activities, assemble pertinent materials, 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 that is subject to the PRIA unless the Agency
displays a currently valid OMB control number.  The OMB control numbers
for EPA's regulations in title 40 of the CFR, after initial display in
the final rule, are listed in 40 CFR part 9. Since the collection
activities in this ICR are contained in the PRIA and not a current
regulation, the OMB control number for this collection activity appears
in this ICR. 

The Agency has established a public docket for this ICR under Docket ID
No. EPA-HQ-OPP-2009-0885, which is available for online viewing at  
HYPERLINK "http://www.regulations.gov"  www.regulations.gov , or in
person viewing at the OPP Regulatory Public Docket in Rm. S-4400, One
Potomac Yard (South Building), 2777 S. Crystal Drive, Arlington, VA. 
This docket facility is open from 8:30 a.m. to 4 p.m., Monday through
Friday, excluding legal holidays.  The docket telephone number is (703)
305-5805.  You may submit comments regarding 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.  

Submit your comments, referencing Docket ID No. EPA-HQ-OPP-2009-0885 to
(1) EPA online using www.regulations.gov (our preferred method), or by
mail to: Public Information and Records Integrity Branch (PIRIB), Mail
Code: 7502P, 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. Include docket ID No.
EPA-HQ-OPP-2009-0885 and OMB control number 2070-0167 in any
correspondence but do not submit fee waiver requests to these
addresses.ATTACHMENTS TO THE SUPPORTING STATEMENT

	All of the attachments listed below can be either found in the docket
for this ICR, or a link to the source is provided (unless otherwise
noted); accessible electronically through   HYPERLINK
"http://www.regulations.gov/"  www.Regulations.gov  . On the main page,
select Advanced Search from the menu bar at the top and select Docket
Search. Enter the Docket ID Number, EPA-HQ-OPP-2009-0885 in the Docket
ID field. Click on the Submit button. From the results page, you will be
able to link to the docket view or directly open select documents found
in the docket.

Attachment A	Pesticide Registration Improvement Renewal Act of 2007 –
Available electronically at   HYPERLINK
"http://www.epa.gov/pesticides/regulating/fees/index.htm" 
http://www.epa.gov/pesticides/regulating/fees/index.htm  



Attachment B	Implementing the Pesticide Registration Improvement Act –
Fiscal Year 2008.  Available electronically at    HYPERLINK
"http://www.epa.gov/pesticides/fees/2008annual_report/pria_annual_report
_2008.html" 
http://www.epa.gov/pesticides/fees/2008annual_report/pria_annual_report_
2008.html  



Attachment C	Record of Consultations Between the U.S. Environmental
Protection Agency and Respondents to the Information Collection Request:
 “Pesticide Registration Fee Waivers” is attached below.



Attachment D	Guidance on How to Request Small Business Fee Waivers. 
Available electronically at   HYPERLINK
"http://www.epa.gov/pesticides/fees/questions/waivers.htm" 
http://www.epa.gov/pesticides/fees/questions/waivers.htm  



Attachment E	Guidance on IR-4 Exemptions.  Available electronically at  
HYPERLINK
"http://www.epa.gov/pesticides/fees/questions/guidance_ir-4.htm" 
http://www.epa.gov/pesticides/fees/questions/guidance_ir-4.htm 



Attachment F	PRIA 2 fees.  Available electronically at   HYPERLINK
"http://www.epa.gov/pesticides/regulating/fees/tool/category-table.html"
 http://www.epa.gov/pesticides/regulating/fees/tool/category-table.html 
and the Federal Register announcement of the current fee schedule is
available on   HYPERLINK
"http://www.epa.gov/fedrgstr/EPA-PEST/2008/August/Day-05/p17936.htm" 
http://www.epa.gov/fedrgstr/EPA-PEST/2008/August/Day-05/p17936.htm 



Attachment G	Worksheet for Estimating OPP ICR Wage Rates for Industry,
State and EPA Labor is attached below.





	.

	            

Attachment C 

Consultations conducted for the renewal of the Pesticide Registration
Fee Waivers; OMB Control No.: 2070-0167	EPA ICR No.: 2147.04

 

Company Name:  Walter G. Legge Company, Inc.

Name of person consulted:  Liz Bauer

Date: 12/10/09

Q: When preparing your waiver request did you consult the Questions and
Answers on the EPA website
(http://www.epa.gov/pesticides/fees/questions/waivers.htm)?

A:  Yes

Q: If yes, did you find it helpful and informative?

A:  Not necessary.  Hard to find it on the web and, once found it was
hard to understand and was redundant.

Q: What improvements or clarifications would you like to see?

A:   Link directly to small businesses on the pesticides web site. 
Reduce the number of steps to complete a small business waiver request
and provide a direct link to pay.gov.  EPA not always prompt in
returning phone calls when there are questions.

Q: Are you aware of the industry generated form?

A:  could not find it.  

Q: Would you use the industry generated form
(http://www.cspa.org/pdf/waiver.pdf)?   If no, why not?

	

After receiving a copy of the form from EPA, used it.

Labor Rates:

Q: Would you say the following labor rates are accurate?

$109.82 /hr management; $60.39 /hr technical staff; $35.89 /hr clerical 

Management prepares small business waiver request.  Approx. $100/hr

•The agency methodology for estimating the cost and burden associated
with the paperwork involved with preparing your waiver request is the
following 

Management: reading and comprehending the regulations, planning
activities to submit the waiver request: 10 hrs; Subsequent submissions:
2 hrs

Prepares application – 3 hours provided EPA does not need to be
contacted for questions.

Technical:  locating and preparing copies of taxes, audits, payroll
account statements, any market analysis, etc.?  40 hrs; Subsequent
submissions 40 hrs

No technical support in preparing application.

Clerical: preparing the submission 10 hrs; Subsequent submissions 10 hrs

No clerical support used.

Q: Did we miss anything?

Comments:

Attachment C.1

Consultations conducted for the renewal of the Pesticide Registration
Fee Waivers; OMB Control No.: 2070-0167	EPA ICR No.: 2147.04

Company Name:  Falcon Lab LLC

Name of person consulted:  Terry Pizzarello, COO

Date: December 14, 2009 

Q: When preparing your waiver request did you consult the Questions and
Answers on the EPA website?

A:  Yes

Q: If yes, did you find it helpful and informative?

A:  Yes

Q: What improvements or clarifications would you like to see?

A:   No suggestions at this time.

Q: Are you aware of the industry generated form?

A:  yes

Q: Would you use the industry generated form?   If no, why not?	

Yes

Labor Rates:

Q: Would you say the following labor rates are accurate?

$109.82 /hr management; $60.39 /hr technical staff; $35.89 /hr clerical 

Do not know – family owned company.

•The agency methodology for estimating the cost and burden associated
with the paperwork involved with preparing your waiver request is the
following 

Management: reading and comprehending the regulations, planning
activities to submit the waiver request: 10 hrs; Subsequent submissions:
2 hrs

Management prepares the small business fee waiver request.   2.0 hours
for an initial submission during a maintenance fee cycle.  Subsequent
application in the same year -   0.75 hours

Technical:  locating and preparing copies of taxes, audits, payroll
account statements, any market analysis, etc.?  40 hrs; Subsequent
submissions 40 hrs

Clerical: preparing the submission 10 hrs; Subsequent submissions 10 hrs

Q: Did we miss anything?

 No

Comments:  

Attachment C.2 

Consultations conducted for the renewal of the Pesticide Registration
Fee Waivers; OMB Control No.: 2070-0167	EPA ICR No.: 2147.04

Company Name:  Mason Chemical Company 

Name of person consulted: Elizabeth Tannehill

Date: December 14, 2009

Q: When preparing your waiver request did you consult the Questions and
Answers on the EPA website?

A:  Not any more, very familiar with them.

Q: If yes, did you find it helpful and informative?

A: 

Q: What improvements or clarifications would you like to see?

A:  None

Q: Are you aware of the industry generated form?

A: use the voluntary industry generated form

Q: Would you use the industry generated form?   If no, why not?	

Use the form

Labor Rates:

Q: Would you say the following labor rates are accurate?

$109.82 /hr management; $60.39 /hr technical staff; $35.89 /hr clerical 

•The agency methodology for estimating the cost and burden associated
with the paperwork involved with preparing your waiver request is the
following 

Management: reading and comprehending the regulations, planning
activities to submit the waiver request: 10 hrs; Subsequent submissions:
2 hrs

Management prepares the application – 4 hours for initial application
per maintenance fee cycle, subsequent application within a maintenance
fee cycle  – less than 1 hour.  Agency estimated labor rate for
management is reasonable.

Technical:  locating and preparing copies of taxes, audits, payroll
account statements, any market analysis, etc.?  40 hrs; Subsequent
submissions 40 hrs

Clerical: preparing the submission 10 hrs; Subsequent submissions 10 hrs

Q: Did we miss anything?

Attachment C.3 

Consultations conducted for the renewal of the Pesticide Registration
Fee Waivers; OMB Control No.: 2070-0167	EPA ICR No.: 2147.04

Company Name: Phoenix Environmental Care LLC

Name of person consulted: Sherry Hutcheson

Date: 12/15/09

Q: When preparing your waiver request did you consult the Questions and
Answers on the EPA website
(http://www.epa.gov/pesticides/fees/questions/waivers.htm)?

A: No

Q: If yes, did you find it helpful and informative?

A: 

Q: What improvements or clarifications would you like to see?

A:  

Q: Are you aware of the industry generated form
(http://www.cspa.org/pdf/waiver.pdf)?

A:

Q: Would you use the industry generated form? yes

  If no, why not?	

Labor Rates:

Q: Would you say the following labor rates are accurate? Yes

$109.82 /hr management; $60.39 /hr technical staff; $35.89 /hr clerical 

•The agency methodology for estimating the cost and burden associated
with the paperwork involved with preparing your waiver request is the
following 

Management: reading and comprehending the regulations, planning
activities to submit the waiver request: 7 hrs; Subsequent submissions:
2 hrs

Technical:  locating and preparing copies of taxes, audits, payroll
account statements, any market analysis, etc.?  24 hrs; Subsequent
submissions 4 hrs

Clerical: preparing the submission  6 hrs; Subsequent submissions 6 hrs

Q: Did we miss anything? No

Comments:

Attachment C.4 

Consultations conducted for the renewal of the Pesticide Registration
Fee Waivers; OMB Control No.: 2070-0167	EPA ICR No.: 2147.04

Company Name: Canada Inc.

Name of person consulted:   William Stoneman, consultant

Date: December 14, 2009

Q: When preparing your waiver request did you consult the Questions and
Answers on the EPA website?

A:  Yes

Q: If yes, did you find it helpful and informative?

A:  Yes

Q: What improvements or clarifications would you like to see?

A:   post the name of the contact on the guidance web page

Q: Are you aware of the industry generated form?

A: yes

Q: Would you use the industry generated form?   If no, why not?

	

Used it once, prefer to send a letter answering questions.

Labor Rates:

Q: Would you say the following labor rates are accurate?

$109.82 /hr management; $60.39 /hr technical staff; $35.89 /hr clerical 

Management rate is reasonable.  Neither technical nor clerical staff
involved in waiver request preparation. 

•The agency methodology for estimating the cost and burden associated
with the paperwork involved with preparing your waiver request is the
following 

Management: reading and comprehending the regulations, planning
activities to submit the waiver request: 10 hrs; Subsequent submissions:
2 hrs

Management (both consultant and Canada, Inc.) did all of the work on the
small business fee waiver request.  3 hours spent to prepare an initial
application.  

Technical:  locating and preparing copies of taxes, audits, payroll
account statements, any market analysis, etc.?  40 hrs; Subsequent
submissions 40 hrs

 

Clerical: preparing the submission 10 hrs; Subsequent submissions 10 hrs

Q: Did we miss anything?

No

Comments:

Attachment G

Work Sheets used to Calculate Registrant Labor Costs  

This attachment is available as part of the electronic docket
EPA-HQ-OPP- 2009-0885 is part of the ICR’s Supporting Statement.

NAICS:  325300

Pesticide, Fertilizer, and Other Agricultural Chemical Manufacturing

Labor Category:	Formula	Managerial	Technical	Clerical

Unloaded Hourly Rate1	 = W	$51.01 	$28.05 	$16.67 

Benefits Percentage2	Lb = B/W	44%	44%	44%

Benefits per hour	B = W*Lb	$22.20 	$12.21 	$7.26 

Loaded Hourly Rate	Wb = W + B = W(1+Lb)	$73.21 	$40.26 	$23.93 

Overhead Percentage3	Lo = OH/Wb	50%	50%	50%

Overhead per hour	OH = Wb*Lo	$36.61 	$20.13 	$11.96 

Fully Loaded Hourly Rate	Wf = Wb + OH

 = W + B + OH  	$109.82 	$60.39 	$35.89 



1.  Data Source:  BLS   HYPERLINK
"http://www.bls.gov/oes/current/naics4_325300.htm" 
http://www.bls.gov/oes/current/naics4_325300.htm      May 2008 data

     NAICS 325300 - Pesticide, Fertilizer, and Other Agricultural
Chemical Manufacturing

     Standard Occupational Codes:   

       Management:   11-0000, Management Occupations  

       Technical:        19-0000, Life, Physical, and Social Science
Occupations 

       Clerical:           43-0000, Office and Administrative Support
Occupations 

2. Fringe benefits/wage per hour.   

3. U. S. Environmental Protection Agency, EPA Air Pollution Control Cost
Manual, Sixth Edition, EPA-452-02-001, January 2002, pg. 2-34.  The
loading for indirect costs is within the range of 20-70% of the load
labor rate (wage + benefits) suggested in EPA guidance.

Attachment G.1

Work Sheets used to Calculate EPA and Federal Government Labor Costs

This attachment is available as part of the electronic docket
EPA-HQ-OPP-2009-0885 and is part of the ICR’s Supporting Statement

NAICS: 999100 

Federal Executive Branch

Labor Category:	Formula	Managerial	Technical	Clerical

Unloaded Hourly Rate1	 = W	$49.96 	$33.25 	$19.14 

Benefits Percentage2	Lb = B/W	44%	44%	44%

Benefits per hour	B = W*Lb	$21.75 	$14.47 	$8.33 

Loaded Hourly Rate	Wb = W + B = W(1+Lb)	$71.71 	$47.72 	$27.47 

Overhead Percentage3	Lo = OH/Wb	50%	50%	50%

Overhead per hour	OH = Wb*Lo	$35.85 	$23.86 	$13.74 

Fully Loaded Hourly Rate	Wf = Wb + OH

 = W + B + OH  	$107.56 	$71.58 	$41.21 



1.  Data Source:  BLS   HYPERLINK
"http://www.bls.gov/oes/current/naics4_999100.htm" 
http://www.bls.gov/oes/current/naics4_999100.htm   May 2008 data

     NAICS  999100 -  Federal Executive Branch

     Standard Occupational Codes:   

       Management:   11-0000, Management Occupations  

       Technical:        19-0000, Life, Physical, and Social Science
Occupations 

       Clerical:           43-0000, Office and Administrative Support
Occupations 

2. Fringe benefits/wage per hour.   

3. U. S. Environmental Protection Agency, EPA Air Pollution Control Cost
Manual, Sixth Edition, EPA-452-02-001, January 2002, pg. 2-34.  The
loading for indirect costs is within the range of 20-70% of the load
labor rate (wage + benefits) suggested in EPA guidance.

 All table totals have been rounded to the nearest dollar or hour after
all computations were made; in 2006 dollars.

 All table totals have been rounded to the nearest dollar or hour after
all computations were made; in 2008 dollars.

December 22, 2009

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