SUPPORTING STATEMENT FOR AN

INFORMATION COLLECTION REQUEST (ICR)

1.	IDENTIFICATION OF THE INFORMATION COLLECTION

1(a)  	Title of the Information Collection

TITLE:  Foreign Purchaser Acknowledgment Statement of Unregistered
Pesticides

OMB No. 2070-0027			EPA No. 0161.12

1(b) 	Short Characterization/Abstract

This information collection enables the Environmental Protection Agency
(EPA) to provide notice to foreign purchasers of unregistered pesticides
exported from the United States that the pesticide product cannot be
sold in the United States.  Section 17(a)(2) of the Federal Insecticide,
Fungicide, and Rodenticide Act (FIFRA) (Attachment A) requires an
exporter of any pesticide not registered under FIFRA section 3 or sold
under FIFRA section 6(a)(1) to obtain a signed statement from the
foreign purchaser acknowledging that the purchaser is aware that the
pesticide is not registered for use in, and cannot be sold in, the
United States.  A copy of this statement, which is known as the Foreign
Purchaser Acknowledgement Statement, or FPAS, must be transmitted to an
appropriate official of the government in the importing country.  This
information is submitted in the form of annual or per-shipment
statements to the EPA, which maintains original records and transmits
copies, along with an explanatory letter, to appropriate government
officials of the countries which are importing the pesticide. 

	In addition to the export notification for unregistered pesticides,
FIFRA requires that all exported pesticides include appropriate
labeling. There are different requirements for registered and
unregistered products.  Export labeling requirements meet the definition
of third-party notification.  In the interests of consolidating various
related information collection requests, this ICR includes burden
estimates for the FPAS requirement for unregistered pesticides, as well
as the labeling requirement for all exported pesticides, both registered
and unregistered. These burdens have been consolidated in this
information collection since the implementation of the 1993 pesticide
export policy governing the export of pesticides, devices, and active
ingredients used in producing pesticides.  

2.	NEED FOR AND USE OF THE COLLECTION

2(a)	Need/Authority for the Collection

This information is required to be submitted to EPA pursuant to section
17(a)(2) of FIFRA.  Regulations pertaining to exporting pesticides are
contained in Title 40 of the Code of Federal Regulations, Part 168,
Subpart D (Attachment B).

2(b)	Practical Utility/Users of the Data

Section 17(a)(2) of FIFRA requires all exporters of unregistered
pesticides to obtain signed statements from their customers
acknowledging that they are aware that their purchased products are not
registered in the United States.  Hence, one use of this collection
activity is in assuring that foreign purchasers of pesticides produced
in the U.S. are aware of the products’ U.S. registration status.  When
such statements are submitted to EPA, the Agency is provided with a
record of foreign destinations of domestically produced unregistered
products.  This enables the Agency to assure that such products, which
are produced in the U.S. but cannot be legally sold for use in the U.S.,
have been legally distributed.

In addition, such statements are required by statute to be directed
onward to the appropriate government officials in importing countries. 
Officials of foreign governments can use this information to verify that
a specific pesticide product, that may or may not have an active
ingredient that has been evaluated by EPA and approved for registration,
has been exported to their country.  The name and address of the
purchaser in the importing country is included, enabling the government
official to contact the purchaser directly, as appropriate.  This
information can be useful in countries which do not have the resources
to maintain extensive import records or control systems.

3.	NON DUPLICATION, CONSULTATIONS, AND OTHER COLLECTION CRITERIA

3(a)	Non duplication

For every export of an unregistered pesticide, the U.S. exporter is
required to obtain the FPAS prior to export and certify to EPA that
export did not occur prior to the exporter’s receipt of the FPAS.  The
FPAS and the certification statement must then be transmitted to the
governments of importing countries.  EPA is not aware of any other
collection requirements for this information. 

EPA recognizes that repeated submissions of purchaser acknowledgment
statements involving the same country, purchaser, and pesticide product
would be duplicative and potentially burdensome.  Individual submissions
do, however, provide information on the total number of shipments to a
specific purchaser.  For this reason, EPA offers an option to exporters
to either make individual submissions for every export, or notify EPA
upon the first export to the foreign purchaser and then provide an
annual summary of all shipments no later than March 1 of the following
calendar year.  This reduces the redundancy that would be associated
with the submission of identical acknowledgment statements by the same
purchaser for the same product, while still providing EPA and foreign
governments with information regarding the number of shipments in the
previous calendar year.

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

In proposing to renew this ICR, EPA published a notice in the Federal
Register announcing a 60-day public notice and comment period on the
draft ICR (76 FR 74051; November 30, 2011). EPA received no 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 identifier
EPA-HQ-OPP-2011-0766.

3(c)	Consultations

	In addition to the public notice that EPA published in the Federal
Register concerning the renewal of this ICR, the Agency consulted with
stakeholders who actively interact with the Agency through the use of
this collection instrument, as required under 5 CFR 1320.8(d)(1).  

	Five companies were selected at random to respond to questions about
the information collection and the accuracy of the burden estimates. 
All five reported that the instructions for submitting the FPAS are
clear; that the information is not available to the Agency from any
other source; and, that electronic submissions in the future would be of
interest. All five companies responded that the burden and cost
estimates for complying with the FPAS requirements seemed accurate. The
responses from the five companies regarding the burden and costs for
complying with the export labeling requirements ranged from agreement
that the estimates were accurate to one indication that they were
significantly different – perhaps due to differences in exactly what
activities support the burden estimate.  No action by EPA to change the
estimates is planned.  

	The representative from one company noted that it would be preferable
if the FPAS could be collected on a revolving annual basis – that is,
every 12 months from the time of the original submission (per
purchaser). EPA provides two reporting options. The exporter may elect
to report on a per-shipment basis or to report on an annual basis,
provided the exporter submits the first FPAS in the calendar year for
the first shipment to a purchaser in an importing country. EPA believes
these two options provide flexibility for respondents to comply with the
information request. EPA does not contemplate changes to the reporting
options at this time.

	A summary of the consultations is in available in the docket for this
ICR.

3(d)	Effects of Less Frequent Collection

By offering the compliance option of annual reporting, EPA is offering a
less frequent information submission to reduce the burden of
per-shipment reporting.  Further reduction, i.e., to a one-time
submission for the life of the product or otherwise to a frequency of
less than once a year could compromise the accuracy of the data on the
number of shipments exported to a particular purchaser in another
country.  Less frequent submission could also make it difficult for
foreign governments to determine the regulatory status of imported
pesticides.

The annual summaries provide EPA with the ability to monitor compliance
with the requirements of section 17(a).  Currently, such records must be
retained by exporters for only two years.  Since the summaries are
submitted after the applicable year, less frequent submissions could
result in the unavailability of records necessary to validate
submissions.

3(e)	General Guidelines

In accordance with 5 CFR 1320.5(a)(iii)(E), federal agencies are
required to indicate whether the proposed collection of information
involves the use of automated, electronic, mechanical, or other
technological collection techniques or other forms of information
technology, e.g., permitting electronic submission of responses, and an
explanation of the decision.

Information collected under this ICR is currently submitted to EPA by
mail. At this time, there are no practicable automated information
submission techniques available under this information collection
activity readily available to all pesticide purchasers and companies
selling products world-wide that could enable the collection and
submission of electronic signatures.  Additionally, there is no
mechanism currently in place to ensure that foreign governments will
accept electronic notifications from the United States demonstrating
compliance with 40 CFR 168, Subpart D.

3(f)	Confidentiality

EPA urges submitters to minimize the amount of claimed Confidential
Business Information (CBI). All data and/or information submitted to the
Agency under this information collection that may be claimed as trade
secret, commercial or financial information will be protected from
disclosure by EPA under FIFRA section 10.

Based on “Nonconfidentiality of Certain Information Submitted under
Sections 7 and 17(a)(2) of FIFRA”, 55 FR 1261 (January 12, 1990) and
“Class Determination 1-91, Identity of Importing Country Under FIFRA
Section 17(A)(2),”, 58 FR 9062 (February 18, 1993),the following
information will generally not be considered confidential:  (a) The fact
that a producer makes a registered or unregistered pesticide product;
(b) the fact that an acknowledgement statement or other notice of export
has been filed by an exporter; (c) the identity of the unregistered
exported product; and, if applicable, the identity of the active
ingredients of the pesticide; and (d) the identity of the importing
country and the country or countries of final destination.” According
to statute, this same information must be reported to the government of
the importing country.  

 

Exported research and development substances that fit the criteria set
out in 40 CFR 168.75(5) are not subject to the FPAS requirement, but are
subject to the labeling requirement.   Confidential business information
may be required to be submitted in the case where a business wishes to
export an unregistered research pesticide product that does not fit the
criteria of 168.75(5).  EPA recognizes that the chemical identity of the
research product may require protection as confidential business
information, but believes that it is essential that the Agency
nevertheless be able to accurately identify the nature of the product. 
The identity of a product under research and development may be
identified by use of identification codes which protect proprietary
information.

3(g)	Sensitive Questions

No information of a sensitive nature is required to be submitted.

4. 	THE RESPONDENTS AND THE INFORMATION REQUESTED

4(a)	Respondents - NAICS Codes

Respondents affected by the collection activities under this ICR are
individuals or entities that either manufacture and export pesticides or
that reformulate or repackage and export pesticides.  The North American
Industrial Classification System (NAICS) code assigned to the parties
responding to this information is as follows: 

Category	NAICS code	Examples of potentially 

affected entities

Pesticide and other agricultural chemical manufacturing	325300
Individuals or entities engaged in activities related to the
registration of a pesticide product.



4(b)	Information Requested

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

(i)	Data items, including record keeping requirements

Foreign Purchaser Acknowledgment Statement (FPAS)

After determining that the product is subject to this requirement, the
exporter must obtain a statement of the type described in item 3(b)(i)
from the foreign purchaser of the pesticide product.  This will normally
require that the exporter provide the purchaser with a prepared
statement for signature or with instructions that are adequate to ensure
that the purchaser can prepare the statement.

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

The FPAS must contain the following information:

Name and address of exporter.

Name and address of foreign purchaser.

Name of product and active ingredient.

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

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

Signature of foreign purchaser.

Date that purchaser acknowledgment statement is signed by foreign
purchaser.

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

Exporter’s signature.

Information required to be collected must be maintained pursuant to 40
CFR 168.85.  

Third Party Notification Requirements; Export Labeling

All exported registered pesticides must bear the EPA approved label and
supplemental labeling options have been made to accommodate the
importing country’s requirements.  For unregistered pesticides, the
following information must be included on the labels or labeling:

EPA pesticide producing establishment number.

Warning or caution statements.

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

The ingredient statement.

Identity of parties.

Weight or measure.

Additional warning for highly toxic pesticides.

Use classification statement.

Multilingual labeling requirement

For both registered and unregistered products, the following labeling
information must be multilingual:

Warning and caution statements.

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

Ingredient statement.

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

(ii)	Respondent Activities

A. 	Submission of Foreign Purchaser Acknowledgment Statement

The exporter is required to send a copy of the purchaser acknowledgment
statement to EPA within 7 days of having shipped the pesticide, along
with a signed statement that the shipment did not occur prior to receipt
of the purchaser acknowledgment statement.  In addition, if the exporter
chooses the annual reporting option, he or she must include a statement
that the FPAS is for the first shipment of a pesticide to a particular
purchaser in a specific country, and that the exporter will report this
information annually.  Where an exporter chooses to comply with the
annual summary reporting option, a summary must be sent after the end or
the calendar year which lists all shipments of a particular pesticide
shipped to a particular foreign purchaser.  It is not required for the
statement to be submitted to EPA in time to enable  EPA to notify the
importing country prior to arrival of the pesticide.

Submission of a purchaser acknowledgment statement does not require the
maintenance of any records unique to this section.  All records needed
to ensure and verify compliance with this requirement are required under
section 8 of FIFRA.  The recordkeeping burden related to this
requirement is covered under another ICR.

B.	Exemption of research and development pesticides

Records supporting research and development status must include
information regarding research intent of the shipment as well as
information indicating knowledge that the quantity being shipped is
consistent with research intent, as specified in 40 CFR 168.75 (b)(5). 
Persons claiming an exemption from the FPAS requirement for the export
of research and development products must maintain records which support
the R&D claim for each shipment so claimed.  In its policy, EPA has
limited research claims only to shipments where the quantity shipped
would be unlikely to support a commercial use.  Thus, the company’s
records must be sufficient to support the claim that the quantity
shipped is only sufficient for use within the limits of the policy. 
This can be done either in the form of communications received from the
purchaser before or on the date of export or in the form of instructions
sent to the purchaser before or on the date of export.

Alternatively, the exporter may retain records which indicate that the
quantity shipped is compatible with the claim that the amount can only
be used as provided in the policy.  Such information could include test
results, literature citations, or other information which supports the
claim.

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

Export labeling

Every exported pesticide, device, and active ingredient used in
producing a pesticide must bear a label or labeling which meets the
requirements of FIFRA section 17(a)(1).  This requirement applies to all
such pesticides, devices, or active ingredients, regardless of whether
the export is for commercial or research and development use.  The
specific requirements for the labeling of exported pesticides are
described above.  The required label statements may be met through
either immediate container labels, or accompanying supplemental
labeling, or through a combination of the two.  

EPA included supplemental labeling as an option to ease the compliance
burden of this requirement.  Supplemental labeling used to meet
pesticide export label requirements must be attached to each smallest
divisible shipping container of a given pesticide product.  In the case
that cartons or drums are secured to a pallet such that they will not be
separated from the pallet during shipment, it is permissible to attach
supplemental labeling to the pallet load.  An example would be where a
pallet of cartons has a wrapper (e.g., shrink-wrap) which contains all
of the cartons on the pallet.  However, if cartons or drums are loosely
stacked on a pallet so that they could be separated during shipment,
each drum or carton must be labeled.

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

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

5(a)	Agency Activities

EPA is required to perform the following activities:

Respond to questions submitted by respondents.

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

Review submissions for completeness.

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

Maintain a file of all submissions.

Respond to queries. 

5(b)	Collection Methodology and Management

EPA maintains a file of all submitted acknowledgment statements.  This
file includes the following for each submitted statement: 

Copy of the purchaser acknowledgment statement and certification that
shipment did not occur before receipt of statement by exporter.

Date that the statement was forwarded to the appropriate government
official or agency of the importing country.

Copy of the estimate summary of the number of shipments to be made in
association with that statement.

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

5(c)	Small Entity Flexibility

	Under this reporting requirement, small entities must follow the same
collection procedures as large companies. Both large and small entities
may avail themselves of options which support alternative, flexible
means of meeting specific requirements: 1. reporting options; 2.
acquisition options, and 3. formatting options of required information. 
The Agency allows respondents the choice of reporting options;
respondents can choose between annual estimates and summaries or
per-shipment statements.  Respondents are also allowed flexibility in
determining the method of obtaining the foreign purchaser acknowledgment
statement. Finally, EPA provides flexibility in the formatting of
submissions; small entities and occasional submitters may find it easier
to comply with the requirements since they do not have to adhere to a
specific format.

5(d)	Collection Schedule

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

6.	ESTIMATING THE BURDEN AND COST OF THE COLLECTION

6(a)	Methodology for Estimating Respondent Cost

	The methodology for calculating the wage rates in this revision of the
ICR has been updated to be consistent with the method for wage
calculation for all ICRs managed by the Office of Pesticide Programs
(OPP).  This approach uses a transparent and consistent methodology
employing publicly-available data to provide more accurate estimates and
allow easy replication of the calculations. Wage estimates are based on
2010 wage data.

	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 D and D.1 contain
worksheets providing the breakout of these costs.  

	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 $120.28,
$60.85 and $37.11 per hour, respectively.  These labor rates are fully
loaded and include benefits and overhead costs.

6(b)	Estimating Respondent Burden and Cost

The overall respondent burden hours associated with this collection
total 24,470 hours per year.  This figure shows a decrease of 22 burden
hours from the previous ICR. The difference is due to a decrease in the
average number of respondents per calendar year from 2008-2010. 

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

(i)	Estimating the Respondent Burden and Cost of the FPAS Requirement

	This ICR renewal includes a respondent burden estimate of 2,420 hours
for the FPAS requirement.  This figure is based on the average of 2,283
notices received annually from 2008-2010.  Table 1 presents the
calculations for total annual costs, a breakdown of the FPAS collection
activities per respondent, and the expected labor mix required for each
activity.  Hourly wage rates for firms in NAICS 325000 were used to
calculate respondent burden.  The fully loaded hourly wage rates for
management, technical, and clerical occupations for NAICS 325300 are
$120.28, $60.85, and $37.11, respectively.  See Attachment D for labor
wage calculations.  The total management, technical, and clerical hours
are multiplied times the annual number of requests and by the fully
loaded wage rates to get a total annual respondent cost of $135,904 for
submitting FPAS forms. 

All records submitted under this rule are either required to be kept
under FIFRA Section 8 or are maintained in the normal course of
business.  Exporters who feel that per-shipment submissions represent
undue burden may choose to report annually.  The per-shipment
notification and annual summary requirements of this option are based on
records of production and shipment records already required by
regulations under FIFRA Section 8, so such information will be readily
available to exporters, who may submit it without reformatting or
special preparation.  These annual submissions may be included as part
of the annual submission of acknowledgment statements and thus would
result in minimal burden.

Table 1.	Respondent Burden/Cost: Submission of FPAS

Collection Activity	Burden Hours (per year)	Total

	Mgmt

$120.28/hr	Technical

$60.85hr	Clerical

$37.11/hr	Hours	Cost ($)

Read Regulations	0.08	0.00	0.00	0.08	9.62

Plan Activities	0.00	0.08	0.00	0.08	4.87

Gather Information	0.00	0.08	0.00	0.08	4.87

Process, compile and reveal information	0.00	0.16	0.00	0.16	9.74

Complete paperwork	0.00	0.25	0.25	0.50	24.49

Record, disclose & display information	0.00	0.00	0.08	0.08	2.97

Store, maintain and file information	0.00	0.00	0.08	0.08	2.97

TOTAL	0.08	0.57	0.41	1.06	59.52

ANNUAL BURDEN:	1.06 hrs (64 minutes) X 2,283 statements = 2,420 hours
per year

ANNUAL COSTS: 	$59.52 X 2,283 respondents = $135,904 per year

1 Hourly wages rates are fully loaded wage rates based on NAICS 325300 -
Pesticide, Fertilizer, and Other Agricultural Chemical Manufacturing
from U.S. Dept. of Labor, Bureau of Labor Statistics, May 2010. See
Attachment D for wage calculations. 

2 Totals may not sum due to rounding.

(ii)	Estimating the Respondent Burden of the Third Party Notification
Export Labeling Requirement

As discussed above, certain information must be included on the labels
or labeling of exported pesticides. The labeling requirements may be met
by supplemental labeling attached to either the product container or the
shipping container 

Table 2 presents the estimated respondent burden for product labeling of
unregistered exported pesticide products. Historically, in order to
estimate the number of unregistered exported pesticide products, the
Agency has assumed that one-quarter of the pesticides exported from the
U.S. are not registered for use in the United States. The Agency has
estimated that the total number of pesticide products that are exported
annually to be 3,600. Therefore, based on these assumptions,
approximately 900 unregistered pesticide products are exported annually.
EPA is seeking comment on whether more precise sources for information
on the number of pesticide products exported annually, and the
percentages that are unregistered, are available.  

	Product labeling for unregistered exported products accounts for eight
burden hours, at a cost of $504.65, for each respondent. This equates to
a total annual burden of 7,200 hours and a total annual burden of
$454,180 across all respondents.

Table 2.	Respondent Burden/Cost: Unregistered Exported Pesticide Product
Labeling

Collection Activity	Burden Hours (per year)	Total

	Mgmt

$120.28/hr	Technical

$60.85/hr	Clerical

$37.11/hr	Hours	Cost ($)

Read Regulations	0.50	0.00	0.00	0.50	60.41

Design Labels	0.00	2.00	0.00	2.00	121.70

Translate Labels	0.00	5.00	0.00	5.00	304.25

Complete Paperwork and Store Information	0.00	0.00	0.50	0.50	18.56

TOTAL	0.50	7.00	0.50	8.00	504.65

ANNUAL BURDEN:	8 hours x 900 unregistered products = 7,200 hours

ANNUAL COSTS: 	$504.65 x 900 unregistered products = $454,180

1 Hourly wages rates are fully loaded wage rates based on NAICS 325300 -
Pesticide, Fertilizer, and Other Agricultural Chemical Manufacturing
from U.S. Dept. of Labor, Bureau of Labor Statistics, May 2010. See
Attachment D for wage calculations. 

2 Totals may not sum due to rounding.

	Certain information must be provided in the languages of the country or
countries of final destination.  Table 3 presents the estimated
respondent burden for multilingual product labeling of registered
exported pesticide products.  The labeling requirements may be met by
supplemental labeling attached to either the product container or the
shipping container.  EPA estimates that it will take respondents
approximately 5.5 hours at a cost of $322.81 to meet the multilingual
labeling requirement for each product.  EPA estimates that to prepare
one label in one language would take approximately one hour.  In
reviewing the major destinations of export shipments, EPA estimates that
most labels would be in one or more of the following languages: French,
Spanish, German, Taiwanese, and Portuguese.  This equates to a total
annual burden of 14,850 hours and a total annual burden of $871,574
across all respondents.

Table 3.  Respondent Burden/Cost: Multilingual Product Labeling,
Registered Pesticide Product Exports

Collection Activity	Burden Hours (per year)	Total

	Mgmt

$120.28/hr	Technical

$60.85/hr	Clerical

$37.11/hr	Hours	Cost ($)

Translate Labels	0.00	5.00	0.00	5.00	304.25

Complete Paperwork and Store Information	0.00	0.00	0.50	0.50	18.56

TOTAL	0.00	5.00	0.50	5.50	322.81

ANNUAL BURDEN:	5.5 hours x 2700 exported registered products = 14,850
hours

ANNUAL COSTS:  	$322.81 x 2700 exported registered products = $871,574

1 Hourly wages rates are fully loaded wage rates based on NAICS 325300 -
Pesticide, Fertilizer, and Other Agricultural Chemical Manufacturing
from U.S. Dept. of Labor, Bureau of Labor Statistics, May 2010. See
Attachment D for wage calculations. 

2 Totals may not sum due to rounding.

6(c)	Estimating Agency Burden and Cost

Agency costs for this information collection activity are minimal, and
include only the record keeping associated with the receipt of the
acknowledgment statements and costs associated with the transmittal of
acknowledgment statements to the appropriate government official in the
importing country.  EPA estimated hourly burden at 0.57 hours (around 35
minutes) per statement.  Based on this estimate, annual costs are
determined by multiplying hourly burden by the wage rate for technical
labor. 

Table 4.	Agency Processing Burden for FPAS Requirement

	Collection Activity		Hours	Annual Cost ($)

	Technical

$71.58/hr

	Receive, review acknowledgment statements for completeness, and enter
in log book	0.08	5.73

Data entry of information in acknowledgment statements	0.25	17.90

Make necessary copies and transmit submission to appropriate government
officials of importing countries	0.16	11.45

Maintain a file of all submissions	0.08	5.73

TOTAL	0.57	40.80

ANNUAL BURDEN:	2,283 statements x 0.57 hours = 1,301 hours 

ANNUAL COSTS: 	2,283 statements x $40.80 = $93,146

1 Hourly wages rates are fully loaded wage rates based on NAICS code
999100 - Federal Executive Branch from U.S. Dept. of Labor, Bureau of
Labor Statistics, May 2010. See Attachment A for wage calculations. 

2 Totals may not sum due to rounding.

6(d) 	Bottom Line Burden Hours and Cost 

Respondent Burden by Information Collection (IC)

The total annual respondent burden hours for this ICR are estimated at
24,470 hours.  This accounts for 2,420 hours for the FPAS requirement,
7,200 hours for the labeling of unregistered pesticides, and 14,850
hours for the labeling of registered pesticides.  

The total annual respondent cost for this ICR is estimated to be
$1,461,658.  This estimate is composed of the following costs:  $135,904
for the FPAS requirement, $454,180 for the labeling of unregistered
pesticides, and $871,574 for the labeling of registered pesticides. 

Table 5. 		Total Annual Respondent Burden Hours and Cost

Information Collection	Responses Per Year	Burden Per Response (hours)
Annual Burden (hours)	Annual Cost ($)







Foreign Purchaser Acknowledgment Statements	2,283	1.06	2,420	$135,904

Labeling for Unregistered Exported Pesticide Products	900	8	7,200
454,181

Multilingual Product Labeling for Registered Exported Pesticide Products
2,700	5.5	14,850	$871,574

Total Annual Respondent Burden	24,470	1,461,658

1 Totals may not sum due to rounding.

	(ii)	Agency Burden

The total annual agency burden for this ICR is estimated to be 1,313
hours.  This would result in a total annual agency cost of $171,047.  

Table 6.	Bottom Line Burden Hours and Cost

	TOTAL

	Hours	Costs

Respondent Burden Estimate	24,470	$1,461,658

Agency Burden Estimate	 1,301	     $93,146



6(e)	Reason for Changes in Burden

There were no program changes affecting this ICR, and there was no
change in the estimated average response time for respondents.  There is
a decrease of 22 hours in the total estimated respondent burden compared
with that identified in the ICR currently approved by OMB.  This
decrease is a result of a decrease in the annual number of foreign
purchaser acknowledgement statements submitted (from 2,304 to 2,283)
which resulted in a change to the annual burden hours for respondents
from 2,442 in the previous renewal to 2,420 in the current renewal. 
There is no change in burden associated with labeling requirements for
unregistered and registered exported pesticides.  Labor costs for
respondents and the Agency increased as a result of changes in the wage
rates made to: a) reflect current wage rates and b) to make the
methodology for calculating wage rates consistent with other OPP ICRs. 
The new wage estimates incorporated higher estimates for benefits and
overhead than were used in the past. These changes are an adjustment.

6(f)	Burden Statement

Annual respondent burden for this collection of FPAS information
requirements is estimated to average 1.06 hours (around 65 minutes) per
response.  The annual respondent burden for meeting labeling
requirements for unregistered and registered exported pesticide products
is estimated to average 8.0 hours and 5.5 hours, respectively.  This
estimate includes the time for reviewing instructions, gathering and
maintaining the data needed, and completing and reviewing the collection
of information.  The Agency may not conduct or sponsor, and a person is
not required to respond to, a collection of information unless it
displays a currently valid OMB control number.

The Agency has established a public docket for this ICR under Docket ID
No. EPA-HQ-OPP-2011-0766, 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-2011-0766 and
OMB Control No. 2070-0027, 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.

ATTACHMENTS TO THE SUPPORTING STATEMENT

Attachments to the supporting statement are available in the public
docket established for this ICR under docket identification number
EPA-HQ-OPP-2011-0766.  These attachments are available for online
viewing at  HYPERLINK "http://www.regulations.gov/" www.regulations.gov 
or otherwise accessed as described in section 6(f) of the supporting
statement.

Attachment A:	7 U.S.C. 136o - Section 17 of the Federal Insecticide,
Fungicide, and Rodenticide Act. Also available online at the US House of
Representatives’  HYPERLINK
"http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t05t08+18
99+1++()%20%20AND%20((7)%20ADJ%20USC)%3ACITE%20AND%20(USC%20w%2F10%20(13
6o))%3ACITE" US Code website  



Attachment B:	40 CFR 168.75 - Procedures for exporting unregistered
pesticides – purchaser acknowledgement statements. Also available
online at the National Archives and Records Administration’s 
HYPERLINK
"http://edocket.access.gpo.gov/cfr_2007/julqtr/pdf/40cfr168.75.pdf"
Electronic CFR Website 



Attachment C:	Display Related to OMB Control #2070-0027  



Attachment D:	Work Sheets used to Calculate Industry Labor Costs

Attachment D.1	Work Sheets used to Calculate EPA and Federal Government
Labor Costs

Attachment E	Summary of Consultations



 OMB Control No. 2070-0028; EPA ICR 0143 Recordkeeping Requirements for
Producers of Pesticides under section 8 of the Federal Insecticide,
Fungicide, and Rodenticide Act (FIFRA)

Draft February 2012 

  PAGE   \* MERGEFORMAT  9 

