Supporting Statement for an Information Collection Request (ICR)
Under the Paperwork Reduction Act (PRA)
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EXECUTIVE SUMMARY
Identification of the Information Collection  -  Title and Numbers
Title:
Foreign Purchaser Acknowledgment Statement of Unregistered Pesticides
EPA ICR No.:
0161.16
OMB Control No.:
2070-0027
Docket ID No.:
EPA-HQ-OPP-2021-0749
Abstract
This information collection request (ICR) addresses the information collection activities associated with the requirement that the Environmental Protection Agency (EPA) receive notice from pesticide registrants that foreign purchasers of unregistered pesticides exported from the United States. This statement is to ascertain understanding 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, by EPA, to the Designated National Authority or appropriate official of the government in the importing country. This information is submitted via mail or electronically through the Central Data Exchange (CDX) in the form of annual or per-shipment statements to EPA, which maintains original records and transmits copies, along with an explanatory letter, via email to appropriate government officials of the countries that 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. For registered products, export labeling requirements alone 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 ICR since the implementation of the 1993 pesticide export policy governing the export of pesticides, devices, and active ingredients used in producing pesticides.
      Table 1: Summary Total Burden and Costs
Information Collection Activities and Overall Burden
Total Number of Respondents
                          Annual Number of Responses
                           Responses per Respondent
                                   Burden in
                                     Hours
                                Burden in Cost
Foreign Purchaser Acknowledgement Statement of Unregistered Pesticides
                                    2,240*
                                     2,774
                                      1.2
                                     2,940
                                   $212,540
Labeling for Unregistered Exported Pesticide Products
                                      560
                                      560
                                       1
                                     4,480
                                   $359,486
Multilingual Product Labeling for Registered Exported Pesticide Products
                                     1,680
                                     1,800
                                      1.1
                                     9,240
                                   $693,475
Total Respondent
                                    2,240*
                                     5,014
                                      3.1
                                    16,660
                                  $1,265,501
Total Agency 
                                       
                                       
                                       
                                      945
                                    $87,148
*Number of respondents for IC # 1 is the sum of the respondents for IC #2 and #3. 
                                       
                                       
                                       
                                       
                                       
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SUPPORTING STATEMENT
1. Explain the circumstances that make the collection of information necessary. Identify any legal or administrative requirements that necessitate the collection. Attach a copy of the appropriate section of each statute and regulation mandating or authorizing the collection of information.
This information is required to be submitted to EPA pursuant to FIFRA section 17(a)(2).  Regulations pertaining to exporting pesticides are contained in 40 CFR part 168, subpart D (Attachment B).
2. Indicate how, by whom, and for what purpose the information is to be used. Except for a new collection, indicate the actual use the Agency has made of the information received from the current collection.
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 purchaser 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. Describe whether, and to what extent, the 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 the basis for the decision for adopting this means of collection. Also describe any consideration of using information technology to reduce burden.
Information collected under this ICR is currently submitted to EPA by mail and electronically through EPA's Central Data Exchange (CDX) (Attachment G). The electronic option is a time limited change that the agency has made due to the restraints on mailing and mail room access during COVID-19. Currently this electronic exception is expected to be lifted at the end of the pandemic, however further considerations for an updated long-term electronic solution are being considered (Attachment H).   
Beginning in 2012, EPA began transmitting the FPAS electronically to Designated National Authorities (DNAs) identified by the Rotterdam Convention on Prior Informed Consent for Certain Hazardous Chemicals and Pesticides in International Trade where a valid email address exists and through mail where one does not. EPA has determined that sending the FPAS, which may contain FIFRA sensitive information, through the mail or via electronic media to foreign governments pursuant to FIFRA section 17 is acceptable for the following reasons: 1) The transmission is a limited, non-public disclosure required by FIFRA; 2) Foreign recipients are not subject to FIFRA security procedures in the FIFRA Information Security Manual; 3) The specific recipient in the government of the importing country is often not known. For both electronic or mail transmissions, the transmission includes a cover with the following language: "This Purchaser Acknowledgement Statement may contain information claimed as confidential. Please treat the statement according to appropriate national confidentiality laws and regulations."
         
4. Describe efforts to identify duplication. Show specifically why any similar information already available cannot be used or modified for use for the purposes described in Item 2 above.
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 to 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.
5. If the collection of information impacts small businesses or other small entities, describe the methods used to minimize burden.
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.
6. Describe the consequence to Federal program or policy activities if the collection is not conducted or is conducted less frequently, as well as any technical or legal obstacles to reducing burden. 
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.
7. Explain any special circumstances that require the collection to be conducted in a manner inconsistent with OMB guidelines.  
 requiring respondents to report information to the agency more often than quarterly;
  requiring respondents to prepare a written response to a collection of information in fewer than 30 days after receipt of it;
 requiring respondents to submit more than an original and two copies of any document;
 requiring respondents to retain records, other than health, medical, government contract, grant-in-aid, or tax records, for more than three years;
 in connection with a statistical survey, that is not designed to produce valid and reliable results that can be generalized to the universe of study;
 requiring the use of a statistical data classification that has not been reviewed and approved by OMB;
 that includes a pledge of confidentiality that is not supported by authority established in statute or regulation, that is not supported by disclosure and data security policies that are consistent with the pledge, or which unnecessarily impedes sharing of data with other agencies for compatible confidential use; or 
 requiring respondents to submit proprietary trade secrets, or other confidential information unless the agency can demonstrate that it has instituted procedures to protect the information's confidentiality to the extent permitted by law.

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.
8. If applicable, provide a copy and identify the date and page number of publication in the Federal Register of the agency's notice, required by 5 CFR 1320.8(d), soliciting comments on the information collection prior to submission to OMB. 
Summarize public comments received in response to that notice and describe actions taken in response to the comments. Specifically address comments received on cost and hour burden. 
Describe efforts to consult with persons outside EPA to obtain their views on the availability of data, frequency of collection, the clarity of instructions and recordkeeping, disclosure, or reporting format (if any), and on the data elements to be recorded, disclosed, or reported. 
Pursuant of 5 CFR 1320.8(d) and 5 CFR 1320.8(d)(1), EPA published a notice in the Federal Register on (March 1, 2022) (87 FR 11429; FRL-9181-01-OCSPP), announcing the planned renewal of this information collection activity, soliciting public comment on specific aspects of the ICR and providing a 60-day public comment period. 
The EPA also consulted 9 stakeholders, specifically asking them for their assessment of the regulatory burden estimates expressed by the Agency in this ICR.
EPA consulted with the following entities. 
 Syngenta Crop Protection LLC
 BASF
 Certis USA LLC
 LANXESS Corporation
 Nufarm
 Merck& Co., Inc
 KRK Consulting LLC
 Valent BioSciences
 The Scotts Company
The Agency received one anonymous comment from a stakeholder entity who submitted directly to the docket (Attachment C). The commenter presented three issues in their comment. Specifically, the commenter requested that the Agency provide templates for FPAS submissions, and requests that the Agency provide more transparency on data collected from the registrants. The commenters also expressed concern of the accuracy of the labor wage rates calculated by the Agency. 
The Agency appreciates the comments from the submitter. The signed foreign purchaser acknowledgement statement is used to ensure that foreign purchasers are aware that the product being exported is not registered for use in the United States. Per the requirements in FIFRA section 17(a) and 40 CFR 168.75, EPA uses this information to notify the Designated National Authorities of the importing Country or Countries. The Agency does not currently provide a required template however the Agency does define what information is needed to submit information (see responses to question #12 below). In preparing the statement, the exporter is free to format their mailed in submissions in any manner as long as it includes all of the required information, per 40 CFR 168. The exporter must obtain the signed statement from the foreign purchaser before the pesticide can be shipped. However, The Agency is currently in the process of a rulemaking to allow submission of FPAS through a web-based system, which would provide mandated fielded information. 
The Agency also acknowledges the concern for the accuracy of the labor wage rates used and the Agency used the current (2021) wage rates provided by the U.S. Bureau of Labor Statistics (Attachment D & E). 
9. Explain any decision to provide any payment or gift to respondents, other than remuneration of contractors or grantees. 
This question is not applicable to this ICR.
10. Describe any assurance of confidentiality provided to respondents and the basis for the assurance in statute, regulation, or agency policy. If the collection requires a system of records notice (SORN) or privacy impact assessment (PIA), those should be cited and described here.
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 "Non-confidentiality 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(b)(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(b)(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.
11. Provide additional justification for any questions of a sensitive nature, such as sexual behavior and attitudes, religious beliefs, and other matters that are commonly considered private.
No information of a sensitive or private nature is requested in conjunction with these information collection activities, and these information collection activities comply with the provisions of the Privacy Act of 1974 and OMB Circular A-108.
12. Provide estimates of the hour burden of the collection of information.
 Indicate the number of respondents, frequency of response, annual hour burden, and an explanation of how the burden was estimated. Unless directed to do so, agencies should not conduct special surveys to obtain information on which to base hour burden estimates. Consultation with a sample (fewer than 10) of potential respondents is desirable. If the hour burden on respondents is expected to vary widely because of differences in activity, size, or complexity, show the range of estimated hour burden, and explain the reasons for the variance. Generally, estimates should not include burden hours for customary and usual business practices.
 If this request for approval covers more than one form, provide separate hour burden estimates for each form and aggregate the hour burdens.
 Provide estimates of annualized cost to respondents for the hour burdens for collections of information, identifying and using appropriate wage rate categories. The cost of contracting out or paying outside parties for information collection activities should not be included here. Instead, this cost should be included under `Annual Cost to Federal Government'.

All information that is submitted via mail or electronically through the Central Data Exchange (CDX) are information of annual or per-shipment statements to EPA, which maintains original records and transmits copies, along with an explanatory letter, via email to appropriate government officials of the countries that are importing the pesticide.
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 below 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 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 the "Not Registered for Use in the United States of America" 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.
Respondent Activities
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 submitted is for the first shipment of a pesticide to a particular purchaser in a specific country for the calendar year, and that the exporter will report this information annually as required under the annual summary reporting option. Where an exporter chooses to comply with the annual summary reporting option, a summary must be sent after the end of 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.
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 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.
The overall respondent burden hours associated with this collection total 16,660 hours per year.  This is the same as the previous ICR. Due to the ongoing COVID 19 public health emergency EPA has had limited access to the mail since March 2020. A temporary COVID 19 flexibility has been put into place as of August 2021 to allow for secure electronic submissions. Due to this, EPA cannot yet make an estimate of annual changes in submissions, and/or changes in burden since the previous ICR. Instead, this ICR will rely on previous estimates of which the numbers have largely remained steady over the past years. 
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.   
Estimating the Respondent Burden and Cost of the FPAS Requirement
There are 2,240 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: Chemical Manufacturing NAICS Codes 3251, 3252, 3253, and 3259. 
This ICR renewal includes a respondent burden estimate of 2,940 hours for the FPAS requirement. This figure is based on the average of 2,774 notices received annually from 2015-2017. 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 3250A1 were used to calculate respondent burden. The fully loaded hourly wage rates for management, technical, and clerical occupations for NAICS 3250A1 are $148.16, $77.54, and $50.19, respectively. See Attachment D for labor wage calculations. The total management, technical, and clerical hours are multiplied by the annual number of requests and by the fully loaded wage rates to get a total annual respondent cost of $212,540 for submitting FPAS forms. 
All records submitted under this information collection 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 2. Respondent Burden/Cost: Submission of FPAS
                              Collection Activity
                            Burden Hours (per year)
                                     Total

                                     Mgmt
                                  $148.16/hr
                                   Technical
                                   $77.54/hr
                                   Clerical
                                   $50.19/hr
                                     Hours
                                   Cost ($)
Read Regulations
                                     0.08
                                     0.00
                                     0.00
                                     0.08
                                     11.85
Plan Activities
                                     0.00
                                     0.08
                                     0.00
                                     0.08
                                     6.20
Gather Information
                                     0.00
                                     0.08
                                     0.00
                                     0.08
                                     6.20
Process, compile and reveal information
                                     0.00
                                     0.16
                                     0.00
                                     0.16
                                     12.41
Complete paperwork
                                     0.00
                                     0.25
                                     0.25
                                     0.50
                                     31.93
Record, disclose & display information
                                     0.00
                                     0.00
                                     0.08
                                     0.08
                                     4.02
Store, maintain and file information
                                     0.00
                                     0.00
                                     0.08
                                     0.08
                                     4.02
TOTAL
                                     0.08
                                     0.57
                                     0.41
                                     1.06
                                     76.63
ANNUAL BURDEN: 1.06 hours (64 minutes) x 2,774 statements = 2,940 hours per year
ANNUAL COSTS:  $76.63 x 2,774 responses = $212,540 per year
[1] Hourly wages rates are fully loaded wage rates based on NAICS 3250A1  -  Chemical Manufacturing (3251, 3252, 3253, and 3259 only) from U.S. Dept. of Labor, Bureau of Labor Statistics, May 2020. See Attachment D for wage calculations. 
[2] Totals may not sum due to rounding.
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. 
Tables 2 and 3 present the estimated respondent burden for product labeling of unregistered and registered exported pesticide products. The Agency has estimated that on average between 2015 and 2017, 560 unregistered pesticide products and 1,680 registered pesticide products were exported annually. The number of unregistered pesticides exported is based on counting the number of unique products per year identified in the foreign purchaser acknowledgement statements. 
Product labeling for unregistered exported products accounts for a total of eight burden hours, at a cost of $641.94, for each unregistered product. This equates to a total annual burden of 4,480 hours and a total annual cost of $359,486 across all unregistered products.
Table 3. Respondent Burden/Cost: Unregistered Exported Pesticide Product Labeling
                              Collection Activity
                            Burden Hours (per year)
                                     Total
                                       
                                     Mgmt
                                  $148.16/hr
                                   Technical
                                   $77.54/hr
                                   Clerical
                                   $50.19/hr
                                     Hours
                                   Cost ($)
Read Regulations
                                     0.50
                                     0.00
                                     0.00
                                     0.50
                                     74.08
Design Labels
                                     0.00
                                     2.00
                                     0.00
                                     2.00
                                    155.07
Translate Labels
                                     0.00
                                     5.00
                                     0.00
                                     5.00
                                    387.69
Complete Paperwork and Store Information
                                     0.00
                                     0.00
                                     0.50
                                     0.50
                                     25.10
TOTAL
                                     0.50
                                     7.00
                                     0.50
                                     8.00
                                    641.94
ANNUAL BURDEN: 8 hours x 560 unregistered products = 4,480 hours
ANNUAL COSTS: $641.94 x 560 unregistered products = $359,486
[1] Hourly wages rates are fully loaded wage rates based on NAICS 3250A1  -  Chemical Manufacturing (3251, 3252, 3253, and 3259 only) from U.S. Dept. of Labor, Bureau of Labor Statistics, May 2020. 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 $412.78 to meet the multilingual labeling requirement for each product. This estimation is based on the estimate that to prepare one label in one language would take approximately one hour, and that, on average, exporters prepare a label for each of the major destinations of export shipments. 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.  
Historically, in order to estimate the number of registered 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 U.S., while the remaining three-quarters are registered pesticide products. Therefore, EPA has assumed that there are three times as many registered products exported than unregistered. Using this assumption and the estimated number of exported unregistered products (560), EPA estimates the total number of registered products exported to be 1,680 per year. This equates to a total annual burden of 9,240 hours and a total annual burden of $693,475 across all respondents.
Table 4. Respondent Burden/Cost: Multilingual Product Labeling, Registered Pesticide Product Exports
                              Collection Activity
                            Burden Hours (per year)
                                     Total
                                       
                                     Mgmt
                                  $148.16/hr
                                   Technical
                                   $77.54/hr
                                   Clerical
                                   $50.19/hr
                                     Hours
                                   Cost ($)
Translate Labels
                                     0.00
                                     5.00
                                     0.00
                                     5.00
                                    387.69
Complete Paperwork and Store Information
                                     0.00
                                     0.00
                                     0.50
                                     0.50
                                     25.10
TOTAL
                                     0.00
                                     5.00
                                     0.50
                                     5.50
                                    412.78
ANNUAL BURDEN: 5.5 hours x 1,680 exported registered products = 9,240 hours
ANNUAL COSTS:  $412.78 x 1,680 exported registered products = $693,475
[1] Hourly wages rate are fully loaded wage rates based on NAICS 3250A1  -  Chemical Manufacturing (3251, 3252, 3253, and 3259 only) from U.S. Dept. of Labor, Bureau of Labor Statistics, May 2020. See Attachment D for wage calculations. 
[2] Totals may not sum due to rounding.

13. Provide an estimate for the total annual cost burden to respondents or recordkeepers resulting from the collection of information.
 The cost estimate should be split into two components: (a) a total capital and start-up cost component (annualized over its expected useful life) and (b) a total operation and maintenance and purchase of services component. The estimates should take into account costs associated with generating, maintaining, and disclosing or providing the information. Include descriptions of methods used to estimate major cost factors including system and technology acquisition, expected useful life of capital equipment, the discount rate(s), and the time period over which costs will be incurred. Capital and start-up costs include, among other items, preparations for collecting information such as purchasing computers and software; monitoring, sampling, drilling and testing equipment; and record storage facilities.
 If cost estimates are expected to vary widely, agencies should present ranges of cost burdens and explain the reasons for the variance. The cost of purchasing or contracting out information collections services should be a part of this cost burden estimate. In developing cost burden estimates, agencies may consult with a sample of respondents (fewer than 10), utilize the 60-day pre-OMB submission public comment process and use existing economic or regulatory impact analysis associated with the rulemaking containing the information collection, as appropriate. Generally, estimates should not include purchases of equipment or services, or portions thereof, made: (1) prior to October 1, 1995, (2) to achieve regulatory compliance with requirements not associated with the information collection, (3) for reasons other than to provide information or keep records for the government, or (4) as part of customary and usual business or private practices.
 Generally, estimates should not include purchases of equipment or services, or portions thereof, made: (1) prior to October 1, 1995, (2) to achieve regulatory compliance with requirements not associated with the information collection, (3) for reasons other than to provide information or keep records for the government, or (4) as part of customary and usual business or private practices.
   
There are no operational or maintenance costs associated with this collection. 
14. Provide estimates of annualized cost to the Federal government. Also, provide a description of the method used to estimate cost, which should include quantification of hours, operational expenses (such as equipment, overhead, printing, and support staff), and any other expense that would not have been incurred without this collection of information. Agencies may also aggregate cost estimates from Items 12, 13, and 14 in a single table.
Agency costs for this information collection consist mainly of FTE time spent, the majority of which is due to record keeping associated with the receipt of the acknowledgment statements, review of transmissions to be sent to foreign governments, and costs associated with the transmittal of acknowledgment statements to the appropriate government official in the importing country. EPA estimated hourly burden at 0.33 hours (around 20 minutes) per statement. Based on this estimate, annual costs are determined by multiplying hourly burden by the wage rate for technical labor. 

Table 5. Agency Processing Burden for FPAS Requirement
	Collection Activity	
                                     Hours
                                Annual Cost ($)

                                   Technical
                                   $91.30/hr

Receive, review acknowledgment statements for completeness, and scan to make digital copies
                                     0.12
                                    $10.65 
Data entry of information in acknowledgment statements
                                     0.07
                                    $6.09 
Make necessary copies and transmit submission to appropriate government officials of importing countries
                                     0.05
                                    $4.56 
Review of prepared submission by OCSPP/OPS/ICRB international team, and transmission of the documentation to the appropriate government authority 
                                     0.05
                                    $4.56 
Maintain a file of all submissions
                                     0.05
                                    $4.56 
Respond to inquiries: EPA receives 30 inquiries per year, spends 1 hour to respond to each inquiry.
                                      30
                                       
TOTAL
                                     0.33
                                    $30.43 
ANNUAL BURDEN: (2,774 statements x 0.33 hours) + 30 hours for inquiries = 945 hours 
ANNUAL COSTS:  2,774 statements x $30.43 = $87,148
[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 2020. See Attachment E for wage calculations. [2] Totals may not sum due to rounding.
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.
   
 The EPA Mailing, and the 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.

15. Explain the reasons for any program changes or adjustments reported in hour or cost burden. 
There were program changes affecting the Agency burden estimate. Due to the ongoing COVID 19 public health emergency, EPA has had limited access to the mail since March 2020. Therefore, a temporary COVID 19 flexibility has been put into place as of August 2021 to allow for secure electronic submissions. Due to this, EPA cannot yet make an estimate of annual changes in submissions, and/or changes in burden since the previous ICR. Instead, this ICR will rely on previous estimates of which the numbers have largely remained steady over the past years. 
The total annual respondent burden hours for this ICR are estimated at 16,660 hours.  This accounts for 2,940 hours for the FPAS requirement, 4,480 hours for the labeling of unregistered pesticides, and 9,240 hours for the labeling of registered pesticides. There was no change in the estimated average response time for respondents. There is no change in the total estimated respondent burden compared with the ICR currently approved by OMB.
The total annual respondent cost for this ICR is estimated to be $1,265,501. This estimate is composed of the following costs: $212,540 for the FPAS requirement, $359,486 for the labeling of unregistered pesticides, and $693,475 for the labeling of registered pesticides. Total labor costs for respondents increased by $178,400 due to changes in the wage rates made to reflect current wage rates. This change qualifies as an adjustment.
16. For collections whose results will be published, outline the plans for tabulation and publication. Address any complex analytical techniques that will be used. Provide the time schedule for the entire project, including beginning and ending dates of the collection of information, completion of report, publication dates, and other actions. 
This question not applicable to this ICR.
17. If seeking approval to not display the expiration date for OMB approval of the information collection, explain the reasons why display would be inappropriate. 
This question not applicable to this ICR.
18. Explain each exception to the certification statement identified in "Certification for Paperwork Reduction Act submissions" 
EPA does not request an exception to the certification of this information collection.
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SUPPLEMENTAL INFORMATION
PRA Burden Statement for Collection Instruments 
This collection of information is approved by OMB under the Paperwork Reduction Act, 44 U.S.C. 3501 et seq. (OMB Control No. 2070-0027). Responses to this collection of information are mandatory for certain persons, as specified at 40 CFR 152.25(f). 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 public reporting and recordkeeping burden for this collection of information is estimated to be 1.06 hours (around 65 minutes) hours 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.
To 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 Number EPA-HQ-OPP-2021-0749, which is available at http://www.regulations.gov. This site can be used to submit or view public comments, access the index listing of the contents of the public docket, and to access those documents in the public docket that are available electronically. When in the system, select "search," then key in the Docket ID Number identified above.
You can also provide comments to the Office of Information and Regulatory Affairs, Office of Management and Budget via http://www.reginfo.gov/public/do/PRAMain. Find this particular information collection by selecting ``Currently under 30-day Review -- Open for Public Comments'' or by using the search function.
All comments received by EPA will be included in the docket without change, including any personal information provided, unless the comment includes profanity, threats, information claimed to be Confidential Business Information (CBI), or other information whose disclosure is restricted by statute. Do not submit electronically any information you consider to be CBI or other information whose disclosure is restricted by statute. 
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LIST OF ATTACHMENTS
The attachments listed below can be found in the docket for this ICR or by using the hyperlink that is provided in the list below. The docket for this ICR is accessible electronically through http://www.regulations.gov using Docket ID Number: EPA-HQ-OPP-2021-0749.
Attachment
Title
                                       A
7 U.S.C. 136o - Section 17 of the Federal Insecticide, Fungicide, and Rodenticide Act Also available online at the United States GPO website.
                                       B
40 CFR 168.75 - Procedures for exporting unregistered pesticides  -  purchaser acknowledgement statements. Also available online at the Electronic Code of Federal Regulations website.
                                       C
Consultation & Comment Summary 
                                       D
Work Sheets used to Calculate Industry Labor Costs
                                       E
Work Sheets used to Calculate EPA and Federal Government Labor Costs
                                       F
Display Related to OMB Control #2070-0027  
                                       G
 CDX Quick Guide to FPAS
                                      H 
Screenshots of FPAS Electronic Submission Mock-up (EPA Form 9600-026)

