August 15, 2013

SUPPORTING STATEMENT FOR

AN INFORMATION COLLECTION REQUEST (ICR)

1. IDENTIFICATION OF THE INFORMATION COLLECTION

1(a). Title of the Information Collection

Compliance Requirement for Child-Resistant Packaging

OMB No. 2070-0052; EPA No. 0616.11

1(b). Short Characterization/Abstract

This information collection program is designed to provide the Environmental Protection 

Agency (EPA) with assurances that the packaging of pesticide products sold and distributed to 

the general public in the United States meets standards set forth by the Agency pursuant to the 

Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). Registrants must certify to the 

Agency that the packaging or device meets these standards. There are no forms associated with 

this information collection activity.

2. NEED FOR AND USE OF THE COLLECTION

2(a). Need/Authority for the Collection

Section 25(c)(3) of FIFRA authorizes EPA to establish standards for packaging of 

pesticide products and pesticidal devices to protect children and adults from serious illness or 

injury resulting from accidental ingestion or contact (see Attachment A). The law requires that 

these standards are designed to be consistent with those under the Poison Prevention Packaging 

Act, administered by the Consumer Product Safety Commission (CPSC). Unless a pesticide 

product qualifies for an exemption, if the product meets certain criteria regarding toxicity and 

use, it must be sold and distributed in child-resistant packaging. The authority for this 

information collection is pursuant to Section 25(c)(3) of the FIFRA. Compliance regulations are 

contained in 40 Code of Federal Regulations (CFR) Part 157 (Attachment B).

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

EPA reviews a registrant's child-resistant packaging (CRP) certification to determine if 

there are human safety/health risk concerns. Exemption requests are reviewed to ascertain if 

there is a health risk, and if CRP is technically feasible, practicable, and appropriate.

3. NON DUPLICATION, CONSULTATIONS, AND OTHER COLLECTION 

CRITERIA

3(a). Non duplication

To avoid duplicative testing of packages for pesticidal and non-pesticidal purposes, 

EPA's CRP regulations reference the CPSC packaging standards and protocol testing procedures.
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This is the only information collection activity of its kind and the information collected under 

this activity is collected only once per event (e.g., once per certification of CRP compliance).

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

In proposing to renew this ICR, EPA will publish a Federal Register Notice and provide a 

60-day public notice and comment period. 

3(c). Consultations

In addition to the public notice that EPA will publish in the Federal Register concerning 

the renewal of this ICR, the Agency will consult, as required under 5 CFR 1320.8(d)(1), with 

stakeholders who actively interact with the Agency through the use of this collection instrument. 

EPA consults with the CPSC on general packaging issues, products under joint 

jurisdiction (e.g. bleaches and pine oil products), and the regulatory aspect of implementing 

consumer (child) safety measures in a way that keeps them consistent with those under the 

Poison Prevention Packaging Act.

The Agency also discusses specific packaging issues (for example, determining what can 

reasonably be required or expected in terms of technical and/or economic feasibility) with the 

CPSC and the packaging industry itself. These consultations occur on an informal "as needed" 

basis during the process of evaluating exemption requests and certifying to the use of CRP. In 

the past, when any sort of problem (technical, administrative, or other) arose, or there were 

suggestions for improvement in the program, the respondent is given ample opportunity to 

inform the agency and vice versa. This communication between both parties may take place 

either in a telephone conversation or in a meeting setting, but not necessarily by a prescribed 

schedule.

3(d). Effects of Less Frequent Collection

The information collection occurs once for each product-package combination subject by

law to the CRP provisions. In the absence of this information collection activity, the burden of 

proof would be shifted from the registrant to the EPA. Based on enforcement case precedents 

involving CRP, EPA would need to have specific evidence to make the product-package case. 

Consequently, on the basis of the time and cost involved, EPA would find it difficult to fulfill its 

statutory responsibilities to ensure that pesticides are equipped with protective packages 

adequate to protect children from accidental illness or injury.

3(e). General Guidelines

The only PRA-imposed guideline in 5 CFR 1320.6 that is exceeded in this collection is 

the recordkeeping retention period. Registrants or applicants of pesticides for which CRP is 

required must retain the records required under 40 CFR 157.36 for as long as the registration is 

valid.

Registrations are valid unless or until they are either voluntarily canceled or withdrawn 
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by the registrant or until EPA has cause to suspend or cancel the registration due to an adverse 

finding by EPA. Since the average period of marketability of a pesticide ranges from 15 to 30 

years, the PRA-imposed guideline indicating that data, other than health, medical, or tax records 

need not be retained for more than three years may often be exceeded in this program.

The Agency solicits packaging manufacturers to voluntarily submit samples of CRPs that 

have passed CRP testing, identify the packaging, its manufacturer, and list the package's 

classification according to the ASTM International Standard D3475, "Standard Classification of 

Child-Resistant Packages." The Agency will compile and update the information on an ongoing 

basis on its CRP Website (www.epa.gov/opprd001/crp/). The Website includes descriptions 

and photographs of the package, with each package classified according to the ASTM 

International D3475 Standard. 

The CRP Website provides a service to CRP manufacturers and pesticide registrants by

displaying the various types of CRP in the marketplace which, in turn, should facilitate 

compliance with the CRP regulations. An Agency request for, and the public’s submission of, 

these packaging samples is not a collection of information for the purposes of the OMB

Paperwork Reduction Act regulations. OMB’s regulations define “information” such that it 

excludes “samples of products or of any other physical objects” (see 5 CFR 1320.3(h)(2)). 

Therefore, EPA is not required to estimate the burden associated with submitting these 

packaging samples.

3(f). Confidentiality

Although submission of confidential information is not required as a part of this 

information collection, there has been at least one instance where confidential data have been 

submitted voluntarily as supporting material for an exemption request from CRP compliance 

requirements.

When any trade secret or Confidential Business Information (CBI) is provided to EPA, 

such information is protected from disclosure under section 10 of FIFRA. Data submitted to EPA 

is handled strictly in accordance with the provisions of the FIFRA Confidential Business 

Information Manual.

This manual contains instructions relative to all contact with confidential documents, 

including responsibilities of EPA employees, physical security measures, CBI copying and 

destruction procedures, transfer of CBI materials within the EPA, to contractors or other 

government offices, computer security, CBI typing procedures (documents to be typed internally 

or on contract), and division internal procedures.

The manual dictates that all CBI must be marked or flagged as such, only authorized EPA 

personnel may be permitted access to CBI, and CBI must be kept in secure (double locked) 

areas. Additionally, CBI for destruction must be cleared by a Document Control Officer and 

placed in the Office of Prevention, Pesticides and Toxic Substances paper shredder.

3(g). Sensitive Questions
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No information of a sensitive or private nature is requested in this information collection 

activity.

4. THE RESPONDENTS AND THE INFORMATION REQUESTED

4(a). Respondents/NAICS Codes

Respondents to this information collection activity represent entities involved in 

manufacturing of pesticide chemicals, wholesale merchandising of pesticide products, or pest 

management activities. The North American Industrial Classification System (NAICS) codes for 

respondents under this ICR include 325320 (Pesticide and other Agricultural Chemical 

Manufacturing), 424690 (Other Chemical and Allied Products Merchant Wholesalers), and 

561710 (Exterminating and Pest Control Services). EPA recognizes that while this list may not 

be comprehensive, it represents a broad spectrum of large and small entities who are engaged in 

manufacturing pesticide chemicals, wholesale merchandising of pesticide products, or pest 

management activities and who submit CRP applications.

4(b). Information Requested

Pesticide registrants subject to the regulations are required to certify to the Agency that 

the packaging for the pesticide product meets the standards of 40 CFR 157, or request an 

exemption to the requirement.

(i) Data items, including record keeping requirements

The respondent certification letter must exercise one of the following information options 

in this section or in section (i)(a) to comply with 40 CFR Part 157:

Certify to CRP by 

letter to Agency

The name, and EPA registration number of the product to which the certification 

applies, the Certification statement, the registrant’s name and address, the date, 

and the name, title and signature of the company officer making the certification. 

The Certification statement must contain a statement that the pesticide product 

complies with 40 CFR 157.32. A description of the packaging used and the 

ASTM International Standard D3475, "Standard Classification of ChildResistant Packages," designation is requested (not required).

Product does not 

meet Toxicity 

Criteria

Submit toxicity data that indicate a specific product's minimal toxicity, or 

reformulate to a less toxic product and assert that the CRP regulations do not 

apply. Less than 2 percent of pesticide registrants choose this option for 

complying with the CRP program. 

Product is not for 

Residential Use

Revise product labeling so that CRP regulations do not apply, i.e., specifying 

non-residential use areas, or eliminate residential use. The registrant is required 

to send EPA a copy of the revised labeling. Less than 2 percent of pesticide 

registrants use this option. 

Approximately 94 percent of pesticide registrants choose to certify that their pesticide 

product packaging meets the effectiveness, compatibility, and durability standards at 40 CFR 
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157.32. Registrants who certify are required to maintain data to corroborate the certification for 

the duration of the pesticide's registration as required by 40 CFR 157.36. Of those registrants

who do certify, approximately 27% may also be required to submit additional data because of 

human safety/health risk concerns. If data is needed, EPA requests that registrants submit data 

electronically to expedite data analysis. Pesticide Regulation (PR) Notice 97-9 describes the 

benefits and requirements of electronic data submission (see Attachment D). 

(i)(a) Exemptions from CRP

Currently, registrants have several options by which they may be exempted from CRP 

requirements. These options include:

(1) Package the product in a large size so that CRP regulations do not apply. Exercising 

this option effectively eliminates sales to the general public. It is based on the concept that 

certain bulk size pesticide packages are intended for commercial use even in residential areas 

(i.e., exterminator-use insecticides and contract lawn care products). These package sizes are 

specified in 40 CFR 157.24 (a)(2). The pesticide registrant is not required to seek a formal 

exemption for this option, and less than 3 percent of registrants use this option. However, CRP 

may be required for products packaged in a size exceeding those outlined in exemption criteria at 

40 CFR 157.24(a)(2) if it is determined by the EPA that the product is distributed or sold to the 

general public. As such, EPA expects that some of these registrants will no longer meet the 

criteria for the exemption. 

(2) Registrants may also assert that an exemption to CRP is warranted because the 

hazards indicated by the toxicity criteria are not indicative of risk to humans, or that CRP is not 

technically feasible, practicable, or appropriate. Each request for an exemption is unique, and the 

data necessary to support an exemption are unique. Less than 3 percent of pesticide registrants 

choose this option with the CRP program. 

(ii) Respondent Activities

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

activities:

Read instructions Review requirements of FIFRA section 25 (c)(3) and 40 CFR Part 157, 

including its reference to 16 CFR 1700.15(b) and 16 CFR 1700.20;

Plan activities Decide under which option to comply with CRP compliance requirements or 

whether an exemption will be requested;

Create information Compile necessary data regarding compliance or exemption from CRP 

requirements;

Review data for

reliability and

appropriateness

Review performance testing data to ensure that it will support CRP

certification and identify the ASTM International Standard D3475, “Standard 

Classification of Child-Resistant Packages,” for the package.
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Prepare and submit 

certification statement. 

Draft a certification statement citing compliance with CRP requirements and 

include a description of the package, or explain why the product is not subject 

to CRP, or request an exemption from CRP compliance requirements and 

compile/cite any supporting data as necessary. Submit information to EPA.

Store, file, and

maintain data

Maintain any data and information sent to EPA to certify CRP compliance, 

support a determination as to why product is not subject to CRP, or justify an 

exemption from CRP.

5. THE INFORMATION COLLECTED - AGENCY ACTIVITIES, COLLECTION 

METHODOLOGY, AND INFORMATION MANAGEMENT

5(a). Agency Activities

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

Review 

correspondence

Review correspondence for completeness. Incomplete/incorrect certifications are 

returned to registrants; 

Evaluate data and 

advise registrant 

Evaluate data submitted and determine whether the registrant has met the CRP 

requirements, has sufficiently substantiated reasons for not being subject to CRP 

(e.g. reformulate to a less toxic product) or decide whether or not to grant an 

exemption. Advise registrant of decision; 

Store, file, and

maintain data

All CRP data submitted to the Agency are referenced by an MRID number in the 

registration file jacket for the pesticide product. The Agency maintains a record of 

all CRP certifications in its generic database.

5(b). Collection Methodology and Management

Respondents to this ICR submit the information as part of their larger package for 

registration of a pesticide product. At the time of this renewal, OPP is not offering a fully

electronic submission option for pesticide registration packages. The Agency is, however, 

beginning the process of defining requirements for electronic submission of studies as well as 

other elements of applications and petitions. The Agency has no objection to submission of the 

CRP information on CD ROM as part of the registration package.

For CRP certifications with data, EPA requests that responses are submitted 

electronically to expedite data analysis. See Attachment D for guidance on electronic data 

submission. CRP certifications with data are the most burdensome of the four response types 

under this ICR.

EPA only collects data in support of a CRP certification when there are human 

safety/health risk concerns. EPA requires that registrants maintain data in support of their 

certifications of the child-resistance of the product's packaging or devices. At the time of CRP 

certification we are requesting that the registrant identify the type of packaging used. This data is 
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a part of their recordkeeping requirements (under 40 CFR 157.36). This additional piece of data 

may enable the Agency to contact all pesticide registrants using a particular type of CRP should 

a generic problem with the CRP become evident (e.g. trigger sprayers that are no longer 

considered CRP). It will also facilitate the review of CRP exemption requests because the 

Agency can ascertain how similar pesticide formulations are packaged.

The generic database system continually tracks all registration actions from the 

registration-pending stage through to full registration and until a product is canceled. A generic 

database maintains information on both currently registered products and previously registered 

products, thereby acting as a registration action historical file. Additionally, the CRP compliance 

certification hard copy correspondence letters are filed in the pesticide product registration 

jacket.

5(c). Small Entity Flexibility

The incorporation of alternative methods to verify that the package meets the 

requirements of 40 CFR 157.32 have allowed manufacturers to use extrapolation schemes, 

available child-resistant protocol test data, and supporting documentation without spending the 

time and money to develop the data on their exact package. The burden and cost to industry also 

is minimized by: the reference of the CPSC effectiveness standards and protocol test procedures 

that preclude duplicative testing for pesticidal and non-pesticidal purposes, and also allow for the 

use of CRP developed for non-pesticidal purposes; the use of packaging manufacturer's data 

rather than product-specific data; discretion and innovation with regard to product packaging 

compatibility and package selection; and the granting of the size exemptions without requiring 

an application from the registrant or approval by EPA.

EPA also estimated the impact of this ICR on small entities by calculating the annual 

company burden as a percentage of average annual revenue (see Attachment F). EPA estimated 

the number of small entities that participate under this ICR using information on company

revenue and employment from Dun and Bradstreet database reported for the year 2010. EPA 

estimates that there are 456 (26.3% of 1733) large firms and 1277 (73.7 % of 1733) small firms 

that are potential respondents to this ICR (see Attachment F). Child Resistant Packaging 

applications were submitted to the Agency by 49 parent firms between 2006 and 2009. EPA

determined that 27 of the companies which submitted CRP during that period were large and 21 

were small (see Attachment F for the list of small entities), based on information from the Dun 

and Bradstreet 2010 database. EPA was unable to size one company. 

The table below presents the total and average revenue and employment for small 

companies, large companies, and all companies combined. As shown below in Section 6, the 

burden cost per CRP submission is estimated to be approximately $439 (Table 2, section 6). 

Assuming that CRP submissions are evenly distributed across small and large companies, an 

average firm would submit approximately 14 CRP applications per year, assuming 50 companies 

are responsible for the 685 (see Table 1, section 6) CRP submissions in a given year. This would 

result in an average annual company burden of $6,146, or 0.03% of small firm’s annual revenue, 

on average.
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Total 

Number 

of Firms

Total Revenue

($)

Total 

Employee 

Size

Average Revenue1

($)

Average 

Employment1

Small Firms 21 414,668,000 1,737 23,037,111 73

Large Firms 27 312,730,280,167 598,975 12,028,087,699 23,031

All Firms 48 313,144,948,167 600,712 7,116,930,640 13,639

1 Only based on firms that report sales on D&B.

5(d). Collection Schedule

CRP certification is usually conducted only when a registrant notifies EPA by application 

of their intention to change packaging, enter the residential market, or otherwise become subject 

to CRP regulations. Therefore, for each registered pesticide product, this is a one-time 

submission unless labeled product use or package design changes.

6. ESTIMATING THE BURDEN AND COST OF THE COLLECTION

6(a). Estimating Respondent Burden

In calculating the respondent burden, EPA estimates that registrants will submit 685

responses to this information collection activity annually during this renewal ICR. The number 

of responses is based on the number of products in FY2010, FY2011, and FY2012 with ChildResistant Packaging (CRP) requirements. During this three year period, approximately 486 CRP 

applications were submitted annually. The expected decrease from 1,165 to 685 is largely

associated with the implementation of the EPA’s Registration Review program, which was 

mandated by the Food Quality Protection Act and requires the Agency to periodically reevaluate 

pesticides to make sure that as changes occur, products in the marketplace can still be used 

safely. The registration reviews completed under the program during FY2010-2012 did not result 

in an expected increase in the number products requiring CRP for that period. The EPA is using 

the higher number of 685 because the agency is expecting an increase in CRP applications for 

certain products containing pesticide chemicals that will no longer be under exclusive use data 

protection. Registrants with products using these chemicals will now be required to provide their 

own CRP test data, which will have to be reviewed for human safety/health risk concerns.

EPA estimates that the average burden associated with this information collection activity

is approximately 7.9 hours per response.1This estimate is based on an average response time 

across all response types (i.e. CRP certifications, CRP certifications with data, CRP exemption 

explanation based on large package size, and CRP exemption explanation based on a lack of 

toxicity, packaging issues, eliminating residential use, lower product toxicity). The number of 

respondents expected for each of the various response types is based on the number of each type 

 

1 Based on Table 1, the avg. technical burden across all response types is approx. 5.7 hrs. per response 

(3,912 ÷ 685) and the avg. clerical burden across all response types is approx. 2.2 hrs. per response (1,489 

÷ 685). For the purposes of estimating respondent burden and cost (see Table 2), EPA assumes that the 

average burden is 7.9 hrs. per response (5.7 technical hrs. + 2.2 clerical hrs.).
p. 9 of 20

of CRP submission received annually. 

EPA’s estimates of respondent burden do not include any burden at management levels. 

Responses to this information collection activity are generally handled, without management 

time, by the technical personnel such as the regulatory affairs person and packaging personnel 

with some clerical support. Averaged across the four CRP types, each CRP action requires an 

estimated 5.7 hours of technical time and 2.2 hours of clerical time, which is broken down as 

follows (see Table 2):

 0.76 technical hours to ascertain whether the product is subject to the CRP regulations 

(meets toxicity criteria, residential use) and to decide whether to submit a CRP 

certification, data, be exempt from regulations due to large size or other criteria;

 2.28 technical hours to create/prepare the information; 

 2.09 technical hours to review submission for accuracy and appropriateness (process, 

compile, complete document); 

 1.6 clerical hours to format submission and prepare information; 

 0.57 technical hours to review and sign the appropriate documents; and,

 0.6 clerical hours to mail the submission, file the respondent copy and CRP 

documentation

Type of Response Number of Responses Percent of Total

CRP certification without data 212 31

CRP certification with data 453 66

Exempt – large package size 12 2

Exempt – lack of toxicity, packaging, no residential use, 

lower product toxicity 

8 1

Total 685 100

The burden estimates by response type are summarized in Table 1. Respondents submitting CRP 

certifications without data require 1 hour of technical labor time in order to determine whether 

the product is subject to the CRP regulations (meets toxicity criteria, residential use), identify the 

type of CRP used, and prepare the CRP certification. An additional 30 minutes clerical time is 

required to complete the CRP certification submission to the Agency and file the supporting CRP 

information. 

Respondents submitting CRP certifications with data require 8 hours of technical labor 

time in order to determine the product is subject to the CRP regulations (meets toxicity criteria, 

residential use); identify the type of CRP used; prepare the CRP certification; gather the 

supporting CRP data; and 3 hours of clerical time to prepare the CRP data package, complete the 

CRP certification submission to the Agency, and file the supporting CRP data. 

Respondents that are exempt from CRP requirements based on large package size require 
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1 hour of technical time and no clerical time because the CRP regulations require little action on 

the part of the respondent. Respondents that are exempt from CRP requirements for the reasons 

described in Section 4(b) of this ICR (lack of toxicity, packaging, no residential use, lower 

product toxicity) require 8 technical hours and 3 clerical hours to prepare their submission 

indicating why CRP is not required and/or CRP is not possible. 

The total estimated respondent burden to comply with this information collection activity

is 5,401 burden hours/year. 

Table 1. RESPONDENT BURDEN BY RESPONSE TYPE

Type of Response No. of 

Responses

Technical Burden Clerical Burden Aggregate 

Hours Per Burden

Response

Total Hours Per 

Response

Total

CRP certification 

without data 212 1 212 0.5 106 318

CRP certification with 

data 453 8 3624 3 1359 4,983

Exempt from CRP due 

to large package size 12 1 12 0 0 12

Exempt from CRP due 

to lack of toxicity, 

packaging, no 

residential use, lower 

product toxicity 8 8 64 3 24 88

TOTAL 685 NA 3,912 NA 1,489 5,401

ANNUAL RESPONDENT BURDEN = 3,912 (technical burden) + 1,489 (clerical burden) =

5,401 hrs

TOTAL HRS/RESPONDENT ACTION = 5,401/685 = 7.9 hrs

Costs associated with this burden are estimated in the next section.

6(b). Estimating Respondent Costs

Consistent with recent ICR renewals, OPP is using labor cost estimates from Agency

economists with respect to wages, benefits and overhead for all labor categories for affected 

industries, state government, and EPA employees. This approach uses a transparent and 

consistent methodology employing publicly-available data to provide more accurate estimates 

and allow easy replication of the calculations.

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. 
p. 11 of 20

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 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 http://www.bls.gov/oes/current/oes_stru.htm ). 

Loaded Wage Rate: Unless stated otherwise, all benefits represent 44% of unloaded wage 

rates, based on benefits for all civilian non-farm workers, from 

http://www.bls.gov/news.release/ecec.t01.htm. However, if other sectors are listed for which 

44% 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. Attachment E contains worksheets providing the breakout of these 

costs. Costs are indexed to 2012 data. 

To derive the labor rates for this ICR, Agency economists estimated the wages for the 

management, technical, and clerical labor categories using the methodology cited above. The 

respondent costs for this renewal for technical and clerical rates are estimated at $62.58 and 

$37.33 per hour, respectively. These labor rates are fully loaded and include benefits and 

overhead costs.

Table 2 presents respondent burden hours and cost by collection activity averaged across 

all four CRP response types. For example, the total per-response technical burden hours is 5.7 

hrs, which is obtained by dividing the total technical burden hours (3,912 in Table 1) across all

four CRP response types by the total number of responses (685). The total clerical burden hours 

per response is similarly computed. These are then broken down among the various collection 

activities in Table 2 according to the same proportions used in the previous ICR renewal, using

from industry consultation. The total average cost of the estimated burden per respondent to 

comply with CRP requirements is approximately $438.52 per response. Using the Agency’s 

burden estimate and the fully-loaded labor rates, the Agency estimates total applicant costs to be 

approximately $300,385 per year. There are no capital expenditures associated with this 

information collection activity.

Table 2. RESPONDENT BURDEN/COST ESTIMATES PER RESPONSE

COLLECTION 

ACTIVITIES

Burden Hours TOTAL

Technical, 

$65.58 /hr.

Clerical, 

$37.33/hr.

Burden

Hours

Cost

Read instructions 0.34 0.00 0.34 $21.44 

Plan activities 0.42 0.00 0.42 $26.21 
p. 12 of 20

Create information 

including electronic format of 

data 2.28 0.00 2.28 $142.95 

Process, compile, and 

complete written compliance 

document 2.09 1.63 3.72 $191.90 

Review submission 0.57 0.00 0.57 $35.74 

Store, submit, file, or 

maintain data 0.00 0.54 0.54 $20.29 

TOTAL 5.7 2.2 7.9 $438.52 

Table 3 presents the total annual respondent burden and cost.

Table 3 – Total Annual Respondent Burden/Cost 

Per Submission Estimates Total Submissions

Expected each year

Annual Totals

Burden (hrs) Costs ($) Burden (hrs) Cost ($)

7.9 439 685 5,401 300,715

Totals may not sum due to rounding

Annual Burden: 7.9 Hours per Response x 685 Responses = 5,401 Burden Hours

Annual Cost: $439 per Response x 685 responses = $300,715

6(c). Estimating Agency Burden and Cost

The Agency burden and costs are shown in Table 4. The Agency burden hours for 

the entire CRP process will increase from 14.8 hours to 28.9 hours per response. Although there 

has been a decrease in the total number of CRP submissions to the Agency, there has been a net 

shift from less-burdensome to more-burdensome type responses (e.g., increased percentage of 

registrants electing to certify to the CRP requirements with data). As a result, there is an overall 

increase in the average Agency burden per response.

Table 4. ANNUAL AGENCY BURDEN BY RESPONSE TYPE

Action No. of 

Respondents

Technical Burden Clerical Burden Aggregate 

Burden Hrs 

Per 

Event

Total Hrs 

Per 

Event

Total

CRP certification without data 212 2.3 488 1 212 700

CRP certification with data 453 40 18,120 1 453 18,573

Exempt from CRP due to large 

package size (registrant meets size 

requirement, no action needed)

12 0 0 0 0 0

Exempt from CRP due to lack of 

toxicity, packaging, no residential 

use, lower product toxicity

8 66.5 532 0.9 7 539

TOTAL 685 n/a 19,140 n/a 672 19,812
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ANNUAL AGENCY BURDEN = 19,140 (technical burden) + 672 (clerical burden) = 19,812

TOTAL HRS/AGENCY ACTION = 19,812/685 = 28.9 hrs

Table 5 presents Agency burden hours and costs by collection activity averaged across all 

CRP response types. The average Agency burden per CRP response is estimated at 

approximately 28.9 hours at a cost of $2,230.87 per response. 

Table 5. AVERAGE AGENCY BURDEN/COST ESTIMATES PER RESPONSE

BURDEN HOURS TOTAL

COLLECTION ACTIVITIES Mgmt. $/hr Tech. $/hr Clerical $/hr Burden 

Hours

Costs

$ 120.60 $ 78.24 $ 44.61 

Read correspondence 0 1.6 0 1.6 $126.08

Execute activities including data 

review and certifications for large size 

non-liquid pool chemicals 0 26.4 0 26.4 $2,064.64

Store, file, or maintain data 0 0 0.9 0.9 $40.15

TOTAL 0 28.0 0.9 28.9 $2,230.87

Table 6 presents the total annual agency burden and cost.

Table 6 – Total Annual Agency Burden/Cost 

Per Submission Estimates Total Submissions

Expected each year

Totals

Burden (hrs) Costs ($) Burden (hrs) Cost ($)

28.9 $2,230 685 19,812 1,528,145

Totals may not sum due to rounding

Annual Burden = 28.9 hours per response x 685 responses = 19,812

Annual Cost = $2,230 per response x 685 responses = $1,528,145

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

Hours Costs

Respondent Burden/Cost Estimates 5,401 $300,715

Agency Burden/Cost Estimates 19,812 $1,528,145

6(e). Reasons for Change in Burden

The number of responses is expected to decrease from 1,165 in the last ICR approval to 

685. The decrease is due to EPA’s revised expectations regarding the number of CRP 
p. 14 of 20

applications that will be submitted to the agency. 

The average burden hours per response increased from 4.2 hours to 7.9 hours per 

submission. While the average burden hours per response has increased, the burden estimate 

remains the same for CRP certifications. The change in the average burden hours per response is 

due to a change in the distribution of responses among the four response types, resulting in a 

significant net shift from less-burdensome (CRP certifications without data) to more-burdensome

(CRP certifications with data) type responses. This increase is partially due to the expiration of 

the exclusive use period for certain pesticide chemicals since the last ICR renewal and registrants 

with products using these chemicals will now be required to provide their own CRP test data, 

which will have to be reviewed for human safety/health risk concerns. 

The estimated total respondent burden is expected to increase from 4,893 hours to 5,401 

hours, or 508 hours. Although the estimated total number of responses for the current ICR 

renewal is expected to be significantly less than the last ICR approval, the shift from lessburdensome to more-burdensome type responses has resulted in a net increase in the estimated 

total respondent burden. The estimated burden increase represents an adjustment.

6(f). Burden Statement

The total annual respondent burden for the collection of information contained in this 

ICR is estimated to be 5,401 hours. The average "respondent" (certifier) burden for the 

Compliance Requirement for the CRP regulations is estimated to be 7.9 hours per submission of 

data necessary to support a claim that product is not subject to CRP, should be exempt from 

CRP, or CRP certification, including time for: reading relevant federal legislation and 

regulations; conducting performance testing on closures and/or devices; reviewing test data; 

prepare submission or CRP certification; and recordkeeping regarding the CRP certification or 

submission. 

“Burden” is defined in 5 CFR 1320.3(b). The Agency may not conduct or sponsor, and a 

person is not required to respond to, a collection of information subject to the PRA unless it 

displays a currently valid OMB control number. OMB control numbers for certain regulations in 

Title 40, after initial display in the Federal Register, are listed in 40 CFR part 9 and may appear 

on the information collection instrument as applicable, i.e., form or instructions, and in the 

Federal Register. 

The Agency has established a public docket for this ICR under Docket ID No. EPA-HQOPP-2013-0493, which is available for online viewing at www.regulations.gov, or in person 

viewing at the EPA Docket Center-Public Reading Room, EPA West Building, in Rm. S-3334, 

1301 Constitution Avenue, NW, Washington, DC. This docket facility is open from 8:30 a.m. to 

4:30 p.m., Monday through Friday, excluding federal holidays. The docket telephone number is 

(202) 566-1744. 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. 
p. 15 of 20

Comments may be submitted to EPA electronically through http://www.regulations.gov

or by mail addressed to Director, Collection Strategies Division, U.S. Environmental Protection 

Agency (2822T), 1200 Pennsylvania Ave., NW, Washington, D.C. 20460. Include Docket ID 

No. EPA-HQ-OPP-2013-0493 and OMB control number 2070-0052 in any correspondence.
p. 16 of 20

Attachments to the Supporting Statement

All of the attachments listed below can be found in the docket for this ICR (unless 

otherwise noted); accessible electronically through www.Regulations.gov. On the main 

page, select Advanced Search from the menu bar at the top and select Docket Search. 

Enter the Docket ID Number, EPA-HQ-OPP-2013-0493 in the Docket ID field. Click on 

the Submit button. From the results page, you will be able to link to the docket view or 

directly open select documents found in the docket.

Attachment A: Section 25 (c)(3) of the Federal Insecticide, Fungicide, and 

Rodenticide Act (FIFRA) – available at http://www.epa.gov/opprd001/crp/

Attachment B: 40 CFR Part 157 - PACKAGING REQUIREMENTS FOR 

PESTICIDES AND DEVICES – available at 

http://www.access.gpo.gov/nara/cfr/waisidx_03/40cfr157_03.html

Attachment C: Reserved for Record of Consultations 

Attachment D: Pesticide Registration Notice 97-9 - Electronic Submission of Childresistant Packaging Test Data for All Pesticides and Child-resistant Testing of Prefilled, 

Nonrefillable Insecticide Bait Stations Not Designed or Intended To Be Opened or 

Activated in a Manner That Exposes the Contents to Human Contact – available at 

http://www.epa.gov/PR_Notices/pr97-9.html

Attachment E: Worksheet for Estimating OPP ICR Wage Rates for Industry and 

EPA Labor Costs

Attachment F: Calculations Regarding Small Entities that Participate in this ICR

Attachment G: Reserved for Display Related to OMB Control #2070-0052 - Listings 

of Related Regulations in 40 CFR 9.1
p. 17 of 20

Attachment E

Work Sheets used to Calculate Registrant Labor Costs 

This attachment is available as part of the electronic docket EPA-HQ-OPP-2013-0493 and is 

part of the ICR’s Supporting Statement.

NAICS: 325300

Pesticide, Fertilizer, and Other Agricultural Chemical Manufacturing

Labor Category: Formula Managerial Technical Clerical

Unloaded Hourly Rate1= W $54.34 $28.88 $17.23 

Benefits Percentage2Lb = B/W 44% 44% 44%

Benefits per hour B = W*Lb $24.15 $12.84 $7.66 

Loaded Hourly Rate Wb = W + B = 

W(1+Lb)

$78.49 $41.72 $24.89 

Overhead Percentage3Lo = OH/Wb 50% 50% 50%

Overhead per hour OH = Wb*Lo $39.25 $20.86 $12.44

Fully Loaded Hourly

Rate

Wf = Wb + OH

= W + B + OH 

$117.74 $62.58 $37.33 

1. Data Source: BLS http://www.bls.gov/oes/current/naics4_325300.htm May 2012 data

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

 Standard Occupational Codes: 

 Management: 11-0000, Management Occupations 

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

 Clerical: 43-0000, Office and Administrative Support Occupations 

2. Fringe benefits/wage per hour. 

3. U. S. Environmental Protection Agency, EPA Air Pollution Control Cost Manual, Sixth 

Edition, EPA-452-02-001, January 2002, pg. 2-34. The loading for indirect costs is within the 

range of 20-70% of the load labor rate (wage + benefits) suggested in EPA guidance.
p. 18 of 20

Work Sheets used to Calculate EPA and Federal Government Labor Costs

This attachment is available as part of the electronic docket EPA-HQ-OPP-2013-0493 and is 

part of the ICR’s Supporting Statement

NAICS: 999100 

Federal Executive Branch

Labor Category: Formula Managerial Technical Clerical

Unloaded Hourly Rate1= W $55.66 $36.11 $20.59 

Benefits Percentage2Lb = B/W 44% 44% 44%

Benefits per hour B = W*Lb $24.74 $16.05 $9.15 

Loaded Hourly Rate Wb = W + B = 

W(1+Lb)

$80.40 $52.16 $29.74 

Overhead Percentage3Lo = OH/Wb 50% 50% 50%

Overhead per hour OH = Wb*Lo $40.20 $26.08 $14.87 

Fully Loaded Hourly

Rate

Wf = Wb + OH

= W + B + OH 

$120.60 $78.24 $44.61 

1. Data Source: BLS http://www.bls.gov/oes/current/naics4_999100.htm May 2012 data

 NAICS 999100 - Federal Executive Branch

 Standard Occupational Codes: 

 Management: 11-0000, Management Occupations 

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

 Clerical: 43-0000, Office and Administrative Support Occupations 

2. Fringe benefits/wage per hour. 

3. U. S. Environmental Protection Agency, EPA Air Pollution Control Cost Manual, Sixth 

Edition, EPA-452-02-001, January 2002, pg. 2-34. The loading for indirect costs is within the 

range of 20-70% of the load labor rate (wage + benefits) suggested in EPA guidance.
p. 19 of 20

Attachment F

Calculations Regarding Small Entities that Participate in this ICR

EPA estimated the number of small entities that participate under this ICR using information on 

company revenue and employment from Dun and Bradstreet database reported for the year 2010. 

The Dun and Bradstreet database is a comprehensive source of financial information on entities, 

including firm locations, sales, number of employees, and primary business classifications under 

North American Industrial Classification System code (NAICS). EPA assumed the majority of 

respondents are individual companies with a NAICS code 325320 (Pesticide and Other 

Agricultural Chemical Manufacturing). 

The number of companies in the Dun and Bradstreet 2010 database using this code was 892. 

EPA was able to determine the size of 882 of these individual companies. The parent company

of the 10 remaining un-sized companies did not report enough sales or employee data to allow a 

proper analysis based on the SBA size classifications. Of the sized firms, 26.3% (232) are large 

firms or are subsidiaries of large firms, and 73.7% (650) are small firms or subsidiaries of small 

firms. Currently, 1733 companies are listed in EPA’s registration tracking database discussed in 

section 5(b). Assuming that the distribution of large and small firms is independent of NAICS 

code, EPA estimates that there are 456 (26.3% of 1733) large firms and 1277 (73.7 % of 1733) 

small firms that are potential respondents to this ICR. 

EPA also estimated the impact of this ICR on small entities by calculating the annual company

burden as a percentage of average annual revenue. Child Resistant Packaging applications were 

submitted to the Agency by 49 parent firms between 2006 and 2009. EPA determined that 27 of 

the submitting companies were large and 21 were small based on information from the Dun and 

Bradstreet 2010 database. Table F.1 exhibits list of small entities that submitted CRP 

applications between 2006 and 2009. Companies are listed at the parent level. The table includes 

company NAICS code, annual sales, employment, US Small Business Administration (SBA) 

small business definition, and SBA size threshold. EPA was unable to size one company. 

Table F.1

Parent Company

NAICS 

Code

Annual 

Sales ($) Employees

SBA 

Definition1

SBA Size 

Threshold1

Alden - Leeds, Inc. 325998 75 E 500

American Vanguard 

Corporation 325320 237,538,000 320 E 500

Aqua Tri 424690 2,000,000 24 E 100

Biosensory Insect Control 561710 130,000 3 R 6,000,000

Bonide Products, Inc. 325998 35,700,000 200 E 500

Bug Stompers Inc 561710 200,000 3 R 6,000,000

Clarke Mosquito Control 

Products, Inc.-

325320 35,000,000 40 E 500

Control Solutions, Inc. 325320 50 E 500

Db Square LLC 561990 100,000 2 R 6,000,000

Envirosafe Technologies, Inc. 334112 2,200,000 18 E 1,000
p. 20 of 20

Gil Manufacturing Inc 453998 1,100,000 11 R 6,000,000

Haco Group Inc 423610 250,000 2 E 100

McLaughlin Gormley King 

Company

325320 1,000,000 90 E 500

Pbi/Gordon Corporation 325320 300 E 500

Pic Corporation (inc) 325320 5,400,000 30 E 500

Porpoise Pool & Patio, Inc. 533110 1,000,000 280 R 6,000,000

Share Corporation 325612 16,900,000 172 E 500

Southeast Laboratories, Inc. 335314 250,000 3 E 750

Spurrier Chemical Companies, 

Inc. 325199 20,900,000 67 E 1,000

Vertex Chemical Corp 325188 52,000,000 45 E 1,000

Vetsource, Inc. 423390 3,000,000 2 E 100

1. An “E” indicates that the SBA small business definition is based on employment and an “R” 

indicates that the SBA small business definition is based on revenue from annual sales. 

Definitions and SBA size thresholds are based on the US Small Business Administration’s 2008 

“Table of Small Business Size Standards Matched to North American Industry Classification 

System Codes” available online at: 

http://www.sba.gov/idc/groups/public/documents/sba_homepage/serv_sstd_tablepdf.pdf

Table F.2 below presents the total and average revenue and employment for small companies, 

large companies, and all companies combined. As shown below in Section 6, the burden cost per 

CRP submission is estimated to be approximately $439 (Table 2, section 6). Assuming that CRP 

submissions are evenly distributed across small and large companies, an average firm would 

submit approximately 14 CRP applications per year, assuming 50 companies are responsible for 

the 685 (see Table 1, section 6) CRP submissions in a given year. This would result in an 

average annual company burden of $6,146, or 0.03% of small firm’s annual revenue, on average.

Table F.2

Total 

Number 

of Firms

Total Revenue

($)

Total 

Employee 

Size

Average Revenue1

($)

Average 

Employment1

Small Firms 21 414,668,000 1,737 23,037,111 73

Large Firms 27 312,730,280,167 598,975 12,028,087,699 23,031

All Firms 48 313,144,948,167 600,712 7,116,930,640 13,639

1 Only based on firms that report sales on D&B.