August 30 , 2015

1 **SUPPORTING STATEMENT FOR AN INFORMATION COLLECTION REQUEST (ICR)**  **1. IDENTIFICATION OF THE INFORMATION COLLECTION**  **1(a) Title of the Information Collection**  TI TLE: Foreign Purchaser Acknowledgment Statement of Unregistered Pesticides OMB No. 2070

- 0027 EPA No. 0161.1 3 **1(b) Short Characterization/Abstract**  This information collection enable s the Environmental Protection Agency (EPA) to provide notice to foreign purchasers of unregistered pesticides exported from the United States that the pesticide product cannot be sold in the United States. Section 17(a)(2) of the Federal In secticide, 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 Ac knowledgement Statement, or F PAS, must be transmitted to an appropriate official of the government in the importing country . This information is submitted in the form of annual or per

- shipment statements to the EPA, which maintains original records and transmits copies , along with an explanatory letter, to appropriate government officials of the countries which are importing the pesticide

. Inaddition to the export notification for unregistered pesticides, FIFRA requires that all exported pesticides inc lude appropriate labeling . T here are different requirements for registered and unregistered products. E xport labeling requirements meet the definition of third

- party notification

. Inthe interests of consolidating various related information collection requests, this IC R includes burden estimates for the FPAS requirement for unregistered pesticides, as well as the labeling requirement for all exported pesticides, both registered and unregistered. The se burden s have been consolidated in this information co llection since the implementation of the 1993 pesticide export policy governing the export of pesticides, devices, and active ingredients used in producing pesticides.

**2. NEED FOR AND USE OF THE COLLECTION**  **2(a) Need/Authority for the Collection**  This information is required to be submitted to EPA pursuant to section 17(a)(2) of FIFRA. Regulations pertaining to exporting pesticides are contained in Title 40 of the Code of Federal Regulations, Part 168, Subpart D (Attachment B)

.August 30 , 2015

2 **2(b) Practical Utility/** **Users of the Data** Section 17(a)(2) of FIFRA requires all exporters of unregistered pesticides to obtain signed statements from their customers acknowledging that they are aware that their purchased products are not registered in the United States. Hence, one use of this collection activity is in assuring that foreign purchasers of pesticides produced in the U.S. are aware of the products’ U.S. registration status. When such statements are submitted to EPA, the Agency is provided with a record of foreign destinations of domestically produced unregistered products. This enable s 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.
Inaddition, 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 ingredi ent 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 approp riate

. This information can be useful in countries which do not have the resources to maintain extensive import records or control systems.

**3. NON DUPLICATION, CONSULTATIONS, AND OTHER COLLECTION**  **CRITERIA 3(a)**  **Non duplication** For every export of an unregistered pesticide, the U.S. exporter is required to obtain th e F PAS prior to export and certify to EPA that export did not occur prior to the exporter’s receipt of the F PAS. Th e F PAS and the certification statement must then be transmitted to the gover nments of importing countries. EPA is not aware of any other collection requirements for this information. EPA recognize s that repeated submissions of purchaser acknowledgment statements involving the same country , purchase r , 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 offer s an option to exporters to either make individual submissions for eve ry export, or notify

EPA upon the first export to the foreign purchaser and then provide an annual summary of all shipments n o later than March 1 of the following calendar ye ar. This reduces the redundancy that would be associated with the submission of i dentical 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.August 30 , 2015

3 **3(b) Public Notice Required Prior to ICR Sub**  **mission to OMB** Inproposing to renew this I CR, EPA published a notice in the Federal Register announcing a 60

- day

public notice and comment period on the draft I CR ( 80 FR 26554; May 8, 2015 ). The agency received one public comment in response to this notice

. EPA determined that the comment did not provide information that was relevant to the burden associated with this IC R. The comment is available in the docket for this I CR and can be accessed at http://www.regul ations.gov using the docket identifier EPA

- HQ

- OPP

- 2015

- 0231. **3(c) Consultations**  Inaddition to the public notice that EPA published in the Federal Register concerning the renewal of this I CR, the Agency consulted with stakeholders who actively interact with the Agency through the use of this collection instrument, as required under 5 CFR 1320.8(d)(1). Three companies were selected at random to respond to questions about the information collection and the accuracy of the burden estimates. EPA received no responses to its request for comment on this I CR. A summary of the consultations is in available Appendix E in the docket (docket ID EPA

- HQ

- OPP

- 2015

- 0231) for this I CR. **3(d) Effects of Less Frequent Collection**  By offering the compliance option of annual reporting, EPA is offering a less frequent information submission to reduce the burden of per

- shipment reporting. Further reduction, i.e., to a one

- time submission for the life of the product or otherwise to a frequency of less than once a year could compromise the accuracy of the data on the number of shipments exported to a particular purchaser in another country

. Less frequent submission could also make it difficult for foreign governments to determine the regulatory status of imported pesticides. The annual summaries provide EPA with the ability to monitor compliance with the requirements of section 17(a). Currently , such records must be retained by exporters for only two ye ars. Since the summaries are submitted after the applicable year, less frequent submissions c ould result in the unavailability of records necessary

to validate submissions. **3(e) General Guidelines**  Inaccordance 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

. In formation collect ed under this I CR is currently submitted to EPA by

mail. At this time, there are no practicable automated information submission techniques available under this information collection activity readily available to all pesticide purchasers and companies sel ling products world

- wide that could enable the collection and submission of electronic signatures.August 30 , 2015

4 Beginning in 2012, EPA began transmitting the FPAS electronically to Designated National Authorities (DNAs) identified by the Rotterdam Convention on Prior In formed 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 sect ion 17 is acceptable for the following reasons: 1) T he transmission is a limited, non

- public disclosure required by FIFRA; 2) F oreign recipients are not subject to FIFRA security procedures in the FIFRA Information Security Manual; 3) T he 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 P urchaser Acknowledgement Statement may contain information claimed as confidential. Please treat the statement according to appropriate national confidentiality laws and regulations.”
**3(f) Confidentiality**  EPA urges submitters to minimize the amount of c laimed Confidential Business In formation (CBI). All data and/or information submitted to the Agency under this information collection that may

be claimed as trade secret, commercial or financial information will be protected from disclosure by EPA under FIFRA section 10. Based on “Nonconfidentiality of Certain Information Submitted under Sections 7 and 17(a)(2) of FIFRA ”, 55 FR 1261 (January 12, 1990) and “Class D etermination 1

- 91 , Id entity of Importing Country

Under FIFRA Section 17(A)(2),” , 58 FR 9062 (F ebruary 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.” A cc ording to statute, this same information must be reported to the government of the importing country

. E xported research and development substances that fit the criteria set out in 40 CFR 168.75(5) are not subject to the FPAS requirement , but are subjec t to the labeling requirement. Confidential business information may be required to be submitted in the case where a business wishes to export an unregistered research pesticide product that does not fit the criteria of 168.75(5)

. EPA recognizes that th e 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

. T he identity of a product und er research and development may be identified by

use of identification codes which protect proprietary

information

. **3(g) Sensitive Questions**  No information of a sensitive nature is required to be submitted.August 30 , 2015

5 **4. THE RESPONDENTS AND THE INFORMATION REQUES**  **TED 4(a)**  **Respondents**
**- NAICS Codes**  Respondents affected by

the collection activities under this I CR are individuals or entities that either manufacture and export pesticides or that reformulate or repackage and export pesticides. The North American Indu strial Classification System (NAI CS) code assigned to the parties responding to this information is as follows:

Category NAICS

code Examples of potentially affected entities Pesticide and other agricultural chemical manufacturing 3253 00 Individuals or entities engaged in activities related to the registration of a pesticide product. **4(b) Information Requested**  There are no forms for this activity . In preparing the statement, the exporter is free to format the document in any manner as long as it includes all of the required information. The exporter must obtain the signed statement from the foreign purchaser before the pesticide can be shipped. **(i) Data items, including record keeping requirements**  **A. Foreign Purchaser Acknowledgment Statement (FPAS)**  After determining that the product is subject to this requirement, t he exporter must obtain a statement of the ty

pe described in item 4 (b)(i) from the foreign purchaser of the pesticide product. This will normally require that the exporter provide the purchaser with a prepared statement for signature or with instructions that are adequate to ensure that the purchaser can prepare the statement. If the exporter anticipates making more than one shipment of the product to the purchaser in a given year, the exporter may elect to notify

EPA only

at the time of the first shipment and to choose to comply

with the annual reporting option, which requires the submission of an annual summary of shipments of pesticides shipped to each purchaser. The FPAS must contain the following information: 1. Name and address of exporter. 2. Name and address of foreign purchaser. 3. Name of product and active ingredient. 4. Statement that foreign purchaser is aware that the product is not registered for use in the United States and cannot be s old for use in the United States. 5. If known, country of final destination of the exported shipme nt if different from country of import.August 30 , 2015

6 6. Signature of foreign purchaser. 7. Date that purchaser acknowledgment statement is signed by foreign purchaser

. 8. Certificatio n that shipment did not occur prior to receipt of Purchaser Acknowledgment Statement

. 9. Exporter’s signature.
In formation required to be collected must be maintained pursuant to 40 CFR 168.85.
**B. Third Party Notification Requirements; Export Labeling**  All e xported registered pesticides mus t bear the EPA approved label and supplemental labeling options have been made to accommodate the importing country ’s requirements. For unregistered pesticides, the following information must be included on the labels or l abeling: 1. EPA pesticide producing establishment number. 2. Warning or caution statements. 3. The statement “Not Registered for Use in the United States of America.” The labels of all pesticides, devices, and active ingredients which are not registered for use in the United States under FIFRA section 3 must include this statement. 4. The ingredient statement. 5. Id entity

of parties. 6. Weight or measure. 7. Additional warning for highly toxic pesticides. 8. Use classification statement. **C. Multilingual labeling requirement**  For bo th registered and unregistered products, the following labeling information must be multilingual: 1. Warning and caution statements. 2. Where applicable, the statement “Not registered for use in the United States of America.” 3. In gredient statement

. 4. If the pestici de, 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.August 30 , 2015

7 **(ii) Respondent Activities**  **A. Submission of Foreign Purchaser Acknowledgment Statement**  The exporte r is required to send a copy of the purchaser acknowledgment statement to EPA within 7 day s of having shipped the pesticide, along with a signed statement that the shipment did not occur prior to receipt of the purchaser acknowledgment statement. I n addit ion, if the exporter chooses the annual reporting option, he or she must include a statement that the FPAS is for the first shipment of a pesticide to a particular purchaser in a specific country, and that the exporter will report this information annually . Where an exporter chooses to comply with the annual summary reporting option, a summary must be sent after the end o f the calendar ye ar which lists all shipments of a particular pesticide shipped to a particular foreign purchaser. Itis not required fo r the statement to be s ubmitted 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 I CR. 1

**B. Exemption of research and development pesticides**  Records supporting research and development status must include information regarding research intent of the shipment a s 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. I n its policy , EPA has limited research claims only to shipme nts where the quantity shipped w ould 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 eithe r 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 quanti ty 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 mu st maintain a record of the identity , amount, and date that the pesticide was shipped, the destination and purchaser, and the intended research use.

1 OMB Control No. 2070

- 0028; EPA ICR 0143 Recordkeeping Requirements for Producers of Pesticides under section 8 of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)August 30 , 2015

8 Most of this information is ty pically reflected on invoice/shipping records normally maintained for such p roducts ; records of pesticide shipment s are already required to be maintained under FIFRA section 8. Other documentation supporting research use is generally available as ty

pical business practice and should not impose additional burden s. Records of shipm ent 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. **C. Export labelin**  **g** Every exported pesticide, device, and active ingredient used in prod ucing a pesticide must bear a label or labeling which meets the requirements of FIFRA section 17(a)(1). This requirement applies to all such pesticides, devices, or active ingredients, regardless of whether the export is for commercial or research and dev elopment 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 accompany ing supplemental labeling, or through a combination of th e 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 p esticide 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 al so 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 sh ows exactly which labels and labeling accompanied each shipment of a pesticide product to a foreign country

.
**5. THE INFORMATION COLLECTED** 
**-- AGENCY ACTIVITIES, COLLECTION**  **METHODOLOGY, AND INFORMATION MANAGEMENT 5(a)**  **Agency Activities** EPA is required to perform the following activities: 1. Respond to questions submitted by respondents

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

. 3. Review submissions for completeness

. 4. Transmit submissions of acknowled gment statements and summaries of shipments to appropriate government officials of importing countries

.August 30 , 2015

9 5. Maintain a file of all submissions

. EPA has automated the process of reviewing and filing submissions. The submissions are now scanned and an electron ic copy (pdf) is stored and saved. The Agency also now transmits the submissions of acknowledgment statements and summaries of shipments to appropriate government officials of imp orting countries electronically where a valid email address exists. **5(b) Col**  **lection Methodology and Management** EPA maintains a file of all submitted acknowledgment statements. This file includes the following for each submitted statement: 1. C opy

of the purchaser acknowledgment statement and certification that shipment did not occ ur before receipt of statement by exporter

. 2. D ate that the statement was forwarded to the appropriate government official or agency of the importing country

. 3. C opy

of the estimate summary of the number of shipments to be made in association with that stateme nt. EPA reviews its files annually for completeness, following the submission of annual summaries of shipments, by referencing establishment reporting records for apparent discrepancies. EPA targets inspections based on such apparent discrepancies to dete rmine whether a violation under FIFRA has occurred. **5(c) Small Entity Flexibility**  Under this reporting requirement, small entities must follow the same collection procedures as large companies. B oth large and small entities may avail themselves of optio ns which support alternative , flexible means of meeting speci fic 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 determin ing the method of obtaining the foreign purchaser acknowledgment statement. Finally, EPA provides flexibility

in the formatting o f submissions; small entities and occasional submitters may

find it easier to comply

with the requirements since they do not have to adhere to a specific format. **5(d) Collection Schedule**  Not applicable. The activity is conducted only

as purchaser acknow ledgment statements are received. There is no set schedule for the collection of this information.August 30 , 2015

10 **6. ESTIMATING THE BURDEN AND COST OF THE COLLECTION**  **6(a) Methodology for Estimating Respondent Cost**  The methodology

for calculating the wage rates in this revision of the I CR has been updated to be consistent with the method for wage calculation for all I CRs managed by the Office of Pesticide Programs (OPP). This approach uses a transparent and consistent methodology

employing publicly

- available data to provide more accurate estimates and allow easy replication of the calculations. W age estimate s are based on 201 3 wage data. Methodology : The methodology uses data on each sector and labor ty pe for an Unloaded wage rate (hourly

wage rate), and calculates the Loaded wage rate (unloaded wage rate + benefits), and the Fully loaded wage rate (loaded wage rate + overhead). Fully loaded wage rates are used to calculate the Agency ’s staffing costs. Unloaded Wage Rate: Wages are estimated for labor ty pes (m anagement, technical, and clerical) within applicable sectors. The Agency uses average wage data for the relevant sectors available in the National Industry

- Specific Occupational Employ ment 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 (NAI CS) code and website for each sector is included in that sector’s wage rate ta ble. 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 diss eminating data (see http://www.bls.gov/oes/current/oes_stru.htm ). Lo aded Wage Rate: Unless stated otherwise, all benefits represent 4 5 % of unloaded wage rates, based on benefits for all civil ian non

- farm workers, from http://www.bls.gov/news.release/ecec.t01.htm . However, if other sectors are listed for which 45 % is not applicable; the applicable percentage will be stated. Fully L oaded Wage Rate: We multiply the loaded wage rate by

50% (EPA guidelines 20

- 70%) to get overhead costs. Attachments D and E contain worksheets providing the breakout of these costs. To derive the labor rates for this I CR, Agency economists estimated the wages for the management, technical, and clerical labor categories using the methodology cited above. The respondent costs for this renewal for managerial, technical and clerical rates are estimated at $ 125.64 , $ 70.61 and $ 39.55 per hour, respectively

. These labor rates are fully loaded and include benefits and overhead costs. **6( b**  **) Estimating Respondent Burden**  **and Cost** The overall respondent burden hours associated w ith this collection tota l 17,993 hours per ye ar. This figure shows a decre ase of 6,4 77 burden hours from the pre vious I CR. The differenceAugust 30 , 2015

11 is due to a decrease in the average number of respondents per calendar year from 2012

- 2014

. The requirements to be fulfilled under this I CR consist of two parts: submission of the Foreign Purchaser Ac knowledgment 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 requ irements for registered exported pesticide products. **(i) Estimating the Respondent Burden**  **and Cost of the FPAS Requirement**  This I CR renewal includes a res pondent burden estimate of 3,205 hours for the FPAS requirement. This figure is based on the av erage of 3,024 notices received annually from 20 12

- 201 4 , and is an increase of 741 notices from the previous renewal. Table 1 presents the calculations for total annual costs, a breakdown of the FPAS collection activities per respondent, and the expected l abor mix required for each activity

. H ourly wage rates for firms in NAI CS 325300 were used to calculate respondent burden. The fully loaded hourly

wage rates for management, technical, and clerical occupations for NAI CS 32 5300 are $ 125.64 , $ 70.61 , and $ 3 9.55 , 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 $ 201,132 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 1. Respondent**  **Burden/Cost: Submission of FPAS Collection Activity**  **Burden Hours (per year) Total**  Mgmt $ 125.64 /hr Technical

$ 70.61 /hr Clerical

$ 39.55 /hr Hours Cost ($) Read Regulations 0.08 0.00 0.00 0.08 10.05 Plan Activities 0.00 0.08 0.00 0.08 5.65 Gather Information 0.00 0.08 0.00 0.08 5.65 Process, compile and reveal information 0.00 0.16 0.00 0.16 11.30
Complete paperwork 0.00 0.25 0.25 0.50 27.54 Record, disclose & display information 0.00 0.00 0.08 0.08 3.16 Store, maintain and file 0.00 0.00 0.08 0.08 3.16August 30 , 2015

12 information TOTAL 0.08 0.57 0.41 1.06 66.51 ANNUAL BURDEN: 1.06 hrs (64 minutes) X 3,024 statements = 3,205 hours per year ANNUAL COSTS: $ 66.51 X 3,024 respondents = $ 201,132 per year 1 Hourly wages rates are fully loaded wage rates based on NAICS 32 5300

- Pesticide, Fertilizer, and Other Agricultural Chemical Manufacturing from U.S. Dept. of Labor, Bureau of Labor Statistics, May 201 3 . See Attachment D for wage calculations. 2 Totals may not sum due to rounding.
**(ii) Estimating the Respondent Burd**  **en of the Third Party Notification Export Labeling Requirement**  As discussed above, certain information must be included on the labels or labeling of exported pesticides. The labeling requirements may be met by

supplemental labeling attached to either the product container or the shipping container

. Table s 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 over 2012

- 2014, 611 unregistered pesticide products and 1,800 registered pesticide products are exported annually

. The number of unregistered pesticides exported is based on counting the number of unique products per ye ar identified in the foreign purchaser acknowledgement statements . T his figure is a decrease from 900 in the estimated number of unregistered pesticide products exported annually in the previous renewal

. The decrease is due in part to a change in the way EPA estimates the number of exported unregistered products. Historic ally , in order to estimate the number of unregistered exported pe sticide products, the Agency had assumed that one

- quarter of the pesticides exported from the U.S. are not registered for use in the United States. The A gency believes the new method of estim ating the number of exported unregistered products in more accurate. Product labeling for unregistered exported products accounts for a total of eight burden hours, at a cost of $ 576.85 , for each unregistered product . This equates to a total annual burd en of 4,888 hours and a total annual cost of $ 352,457 across all unregistered products

. **Table 2. Respondent Burden/Cost: Unregistered Exported Pesticide Product Labeling**  Collection Activity Burden Hours (per year) Total Mgmt $ 125.64 /hr Technical

$ 70.61 /hr Clerical

$ 39.55 /hr Hours Cost ($) Read Regulations 0.50 0.00 0.00 0.50 62.82 Design Labels 0.00 2.00 0.00 2.00 141.22 Translate Labels 0.00 5.00 0.00 5.00 353.04 Complete Paperwork and Store Information 0.00 0.00 0.50 0.50 19.77
TOTAL 0.50 7.00 0.5 0 8.00 576.85August 30 , 2015

13 ANNUAL BURDEN: 8 hours x 611 unregistered products = 4,888 hours ANNUAL COSTS: $ 576.85 x 611 unregistered products = $ 352,457 1 Hourly wages rates are fully loaded wage rates based on NAICS 325300

- Pesticide, Fertilizer, and Other Agricult ural Chemical Manufacturing from U.S. Dept. of Labor, Bureau of Labor Statistics, May 2013 . 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 o f 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 t he shipping container. EPA estimates that it will take respondents approximately 5.5 hours at a cost of $ 372.81 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. As discussed above, EPA has assumed that there are three times as many registered products exported than unregistered. Using this assumption and the estimated number of expo rted unre gistered products (611), EPA estimates the total number of registered products exported to be 1,800 per year. This equat es to a total annual burden of 9,900 hours and a total annual burden of $ 671,066 across all respondents. **Table 3. Respondent**  **Burden/Cost: Multilingual Product Labeling, Registered Pesticide Product**  **Exports** Collection Activity Burden Hours (per year) Total Mgmt $ 125.64 /hr Technical

$ 70.61 /hr Clerical

$ 39.55 /hr Hours Cost ($)
Translate Labels 0.00 5.00 0.00 5.00 3 04 .25 Comple te Paperwork and Store Information 0.00 0.00 0.50 0.50 1 8.56
TOTAL 0.00 5.00 0.50 5.50 372.81 ANNUAL BURDEN: 5.5 hours x 1,800 exported registered products = 9,900 hours ANNUAL COSTS: $ 372.81 x 1,800 exported registered products = $ 671,066 1 Hourly wag es rates are fully loaded wage rates based on NAICS 325300

- Pesticide, Fertilizer, and Other Agricultural Chemical Manufacturing from U.S. Dept. of Labor, Bureau of Labor Statistics, May 201 3 . See Attachment D for wage calculations. 2 Totals may not sum due to rounding.
**6(c) Estimating Agency Burden and Cost**  Agency costs for this information collection activity are minimal, and include only the record keeping associated with the receipt of the acknowledgment statements and costs associated with the transmittal of acknowledgment statements to the appropriate government official in the importing country

. EPA estimated hourly burden at 0.17 hours (around 10August 30 , 2015

14 minutes) per statement. Based on this estimate, annual costs are determined by multiplying hourly burden by

the wage rate for technical labor. This estimate represents a decrease of 777 burden hours since the previous renewal. This decrease is due to the automation of the filing and transmission process described in section 5(a). **Table 4. Agency Proc**  **essing Burden for FPAS Requirement**

Collection Activity Hours Annual Cost ($) Technical $ 80.18 /hr Receive, review acknowledgment statements for completeness, and enter in log book 0.08 6.41 Data entry

of information in acknowledgment statements 0.04 3.21 Make necessary

copies and transmit submission to appropriate government officials of importing countries 0.03 2.41
Maintain a file of all submissions 0.02 1.60 Re s pond to inquiries EPA receives 10 inquiries per ye ar, spends 1 hour to respond to eac h inquiry for a total burden of 10 hours per year TOTAL 0.17 13.63 ANNUAL BURDEN: 3,024 statements x 0.17 hours = 524 hours 1 ANNUAL COSTS: 3,024 statements x $ 13.63 = $ 41,229 1 1 Includes 10 hours of EPA burden in responding to 10 inquiries per year. Ho urly 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 201 3 . See Attachment A for wage calculations. Totals may not sum due to rounding. **6(d) Bottom Li**  **ne Burden Hours and Cost** (i) Respondent Burden by Information Collection (I C) The total annual respondent burden hours for this I CR are estimated at 17,993 hours. This accounts for 3,205 hours for the FPAS requirement, 4,888 hours for the labeling of unreg istered pesticides, and 9,900 hours for the labeling of registered pesticides. The total annual respondent cost for this I CR is estimated to be $ 1,224,655 . This estimate is composed of the following costs: $ 201,132 for the FPAS requirement, $ 352,457 f or the labeling of unregistered pesticides, and $ 671,066 for the labeling of registered pesticides.August 30 , 2015

15 **Table 5. Total Annual Respondent Burden Hours and Cost** 
In formation Collection Responses Per Year Burden Per

Response (hours) Annual

Burden (hours) Annu al

Cost ($) Foreign Purchaser Acknowledgment Statements 3,024 1.06 3,205 $ 201,132 Labeling for Unregistered Exported Pesticide Products 611 8 4,888 $352,457 Multilingual Product L abeling for Registered Exported Pesticide Products 1,800 5.5 9,900 $ 671,066

**Total Annual Respondent Burden** 17,993 1,224,655
1 Totals may not sum due to rounding.

(ii) Agency

Burden The total annual agency

burden for this I CR is estimated to be 524 hours. This would result in a total annual agency cost of $ 41,229

. **Table 6**  **. Bottom Line Burden Hours and Cost**  TOTAL Hours Costs Respondent Burden Estimate 17,993 $ 1,224,655 Agency Burden Estimate 524 $ 41,229 **6(e) Reason for Changes in Burden**  There were no program changes affecting this I CR, and there was no change in the estimated average response time for respondents. There is a decrease of 6,477 hours in the total estimated respondent burden compared with that identified in the I CR currently approved by OMB . The total respondent burden decreased despite an increase in the annual number of foreign purchaser acknowledgement statements submitted (from 2,283 to 3,024) which resulted in a change to the annual burden hours for respondents from 2,420 in the previous renewal to 3,205 in the current renewal. The respondent burden associated with labeling requirements for unregistered exported pesticides decreased from 7,200 in the previous renewal to 4,888 in the current renewal

. The respondent burden associated w ith labeling requirements for registered exported p esticides decreased fro m 14,850 in the previous renewal to 9,900 in the current renewal

. The decrease in burden is due to a decrease in the estimated number of exported products; the estimated number of exported products decreased from 3,600 (2,700 regist ered and 900 unregistered) to 2,411 (1,800 registered and 611 unregistered) from the previous renewal to the current renewal of this information collection. Thus, although the number of foreign purchaser acknowledgement statements and the associated burden has increased, the net burdenAugust 30 , 2015

16 for this information collection has decreased due to the decrease in the estimated number of exported pesticide products. Although the total labor costs decreased, hourly l abor cost s for respondents and the Agency increased a s a result of changes in the wage rates made to: a) reflect current wage rates and b) to make the methodology for calculating wage rates consistent with other OPP I CRs. The new wage estimates incorporated higher estimates for benefits than was used in the previous renewal. These changes are an adjustment. **6(f) Burden Statement**  Annual respondent burden for this collection of FPAS information requirements is estimated to average 1.06 hours (around 65 minutes) per response and has not changed since the last renewal

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

has established a public docket for this I CR under Docket ID No. EPA

- HQ

OPP

- 2015

- 0 231 , which is available for online viewing at www.regulations.gov , or in person viewing at the OPP D ocket in the EPA Docket Center, EPA West, Rm. 3334, 1200 Pennsylvania Ave, NW, Washington, DC 20460

- 0001. This docket facility is open from 8:30 a.m. to 4:30 p.m., Monday

through Friday , excluding legal holidays. The docket telephone number is (703) 305

- 5 805. 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. Comments may b e submitted to EPA electronically

through http://www.regulations.gov or by mail to: EPA Docket Center, Environmental Protection Agency , Mail Code 28221T, 1200 Pennsylvania Ave., NW, Washington, DC 20460. You can also send comments to OMB, addressed to “OM B Desk Officer for EPA” and referencing OMB Control No. 2070

- 0040, via email to oira_submission@omb.eop.gov.
In clude docket ID No. EPA

- HQ

- OPP

- 2015

- 0231 and OMB control number 2070

- 0040 in any correspondence, but do not submit foreign purchaser acknowledge ment statements or any related informat ion to these addresses.August 30 , 2015

17 **ATTACHMENTS TO THE SUPPORTING STATEMENT** Attachments to the supporting statement are available in the public docket established for this IC R under docket identification number **EPA**
**- HQ** 
**- OPP** 
**- 20**  **15**
**- 0**  **231.** These attachments are available for online viewing at www.regulations.gov or otherwise accessed as described in section 6(f) of the supporting statement.

**Attachment A: 7 U.S.C. 136o** 
**- Section 17 of the**  **Federal Insecticide, Fungicide, and**

**Rodenticide Act**

. Also available online at the United States GPO website

. **Attachment B: 40 CFR**  **168.75**
**-** Procedures for exporting unregistered pesticides

– purchaser

acknowledgement statements. Also available online at the Electroni c Code of Federal Regulations website. **Attachment C: Display Related to OMB Control #2070** 
**- 0027**  **Attachment D** : **Work Sheets used**  **to Calculate I ndustry**  **Labor Costs**  **Attachment E: Work Sheets used to Calculate EPA and Federal**  **Government Labor Costs**  **Att achment F:**  **Summary of Consultations**