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SUPPORTING STATEMENT FOR AN

INFORMATION COLLECTION REQUEST (ICR)

1. IDENTIFICATION OF THE INFORMATION COLLECTION

1(a) Title of the Information Collection

TITLE: Foreign Purchaser Acknowledgment Statement of Unregistered Pesticides

OMB No. 2070-0027 EPA No. 0161.12

1(b) Short Characterization/Abstract

This information collection enables the Environmental Protection Agency (EPA) to 

provide notice to foreign purchasers of unregistered pesticides exported from the United States 

that the pesticide product cannot be sold in the United States. Section 17(a)(2) of the Federal 

Insecticide, Fungicide, and Rodenticide Act (FIFRA) (Attachment A) requires an exporter of any

pesticide not registered under FIFRA section 3 or sold under FIFRA section 6(a)(1) to obtain a 

signed statement from the foreign purchaser acknowledging that the purchaser is aware that the 

pesticide is not registered for use in, and cannot be sold in, the United States. A copy of this 

statement, which is known as the Foreign Purchaser Acknowledgement Statement, or FPAS, 

must be transmitted to an appropriate official of the government in the importing country. This 

information is submitted in the form of annual or per-shipment statements to the EPA, which 

maintains original records and transmits copies, along with an explanatory letter, to appropriate 

government officials of the countries which are importing the pesticide. 

In addition to the export notification for unregistered pesticides, FIFRA requires that all 

exported pesticides include appropriate labeling. There are different requirements for registered 

and unregistered products. Export labeling requirements meet the definition of third-party

notification. In the interests of consolidating various related information collection requests, this 

ICR includes burden estimates for the FPAS requirement for unregistered pesticides, as well as 

the labeling requirement for all exported pesticides, both registered and unregistered. These

burdens have been consolidated in this information collection since the implementation of the 

1993 pesticide export policy governing the export of pesticides, devices, and active ingredients 

used in producing pesticides. 

2. NEED FOR AND USE OF THE COLLECTION

2(a) Need/Authority for the Collection

This information is required to be submitted to EPA pursuant to section 17(a)(2) of 

FIFRA. Regulations pertaining to exporting pesticides are contained in Title 40 of the Code of 

Federal Regulations, Part 168, Subpart D (Attachment B).
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2(b) Practical Utility/Users of the Data

Section 17(a)(2) of FIFRA requires all exporters of unregistered pesticides to obtain 

signed statements from their customers acknowledging that they are aware that their purchased 

products are not registered in the United States. Hence, one use of this collection activity is in 

assuring that foreign purchasers of pesticides produced in the U.S. are aware of the products’ 

U.S. registration status. When such statements are submitted to EPA, the Agency is provided 

with a record of foreign destinations of domestically produced unregistered products. This 

enables the Agency to assure that such products, which are produced in the U.S. but cannot be 

legally sold for use in the U.S., have been legally distributed.

In addition, such statements are required by statute to be directed onward to the 

appropriate government officials in importing countries. Officials of foreign governments can 

use this information to verify that a specific pesticide product, that may or may not have an active 

ingredient that has been evaluated by EPA and approved for registration, has been exported to 

their country. The name and address of the purchaser in the importing country is included, 

enabling the government official to contact the purchaser directly, as appropriate. This 

information can be useful in countries which do not have the resources to maintain extensive 

import records or control systems.

3. NON DUPLICATION, CONSULTATIONS, AND OTHER COLLECTION 

CRITERIA

3(a) Non duplication

For every export of an unregistered pesticide, the U.S. exporter is required to obtain the 

FPAS prior to export and certify to EPA that export did not occur prior to the exporter’s receipt 

of the FPAS. The FPAS and the certification statement must then be transmitted to the 

governments of importing countries. EPA is not aware of any other collection requirements for 

this information. 

EPA recognizes that repeated submissions of purchaser acknowledgment statements 

involving the same country, purchaser, and pesticide product would be duplicative and 

potentially burdensome. Individual submissions do, however, provide information on the total 

number of shipments to a specific purchaser. For this reason, EPA offeres an option to exporters 

to either make individual submissions for every export, or notify EPA upon the first export to the 

foreign purchaser and then provide an annual summary of all shipments no later than March 1 of 

the following calendar year. This reduces the redundancy that would be associated with the 

submission of identical acknowledgment statements by the same purchaser for the same product, 

while still providing EPA and foreign governments with information regarding the number of 

shipments in the previous calendar year.

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

3(d) Effects of Less Frequent Collection

By offering the compliance option of annual reporting, EPA is offering a less frequent 

information submission to reduce the burden of per-shipment reporting. Further reduction, i.e., 

to a one-time submission for the life of the product or otherwise to a frequency of less than once 

a year could compromise the accuracy of the data on the number of shipments exported to a 

particular purchaser in another country. Less frequent submission could also make it difficult for 

foreign governments to determine the regulatory status of imported pesticides.

The annual summaries provide EPA with the ability to monitor compliance with the 

requirements of section 17(a). Currently, such records must be retained by exporters for only two 

years. Since the summaries are submitted after the applicable year, less frequent submissions 

could result in the unavailability of records necessary to validate submissions.

3(e) General Guidelines

In accordance with 5 CFR 1320.5(a)(iii)(E), federal agencies are required to indicate 

whether the proposed collection of information involves the use of automated, electronic, 

mechanical, or other technological collection techniques or other forms of information 

technology, e.g., permitting electronic submission of responses, and an explanation of the 

decision.

Information collected under this ICR is currently submitted to EPA by mail. At this time, 

there are no practicable automated information submission techniques available under this 

information collection activity readily available to all pesticide purchasers and companies selling 

products world-wide that could enable the collection and submission of electronic signatures. 

Additionally, there is no mechanism currently in place to ensure that foreign governments will 

accept electronic notifications from the United States demonstrating compliance with 40 CFR 

168, Subpart D.

3(f) Confidentiality

EPA urges submitters to minimize the amount of claimed Confidential Business 

Information (CBI). All data and/or information submitted to the Agency under this information 

collection that may be claimed as trade secret, commercial or financial information will be 
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protected from disclosure by EPA under FIFRA section 10.

Based on “Nonconfidentiality of Certain Information Submitted under Sections 7 and 

17(a)(2) of FIFRA”, 55 FR 1261 (January 12, 1990) and “Class Determination 1-91, Identity of 

Importing Country Under FIFRA Section 17(A)(2),”, 58 FR 9062 (February 18, 1993),the 

following information will generally not be considered confidential: (a) The fact that a producer 

makes a registered or unregistered pesticide product; (b) the fact that an acknowledgement 

statement or other notice of export has been filed by an exporter; (c) the identity of the 

unregistered exported product; and, if applicable, the identity of the active ingredients of the 

pesticide; and (d) the identity of the importing country and the country or countries of final 

destination.” According to statute, this same information must be reported to the government of 

the importing country. 

Exported research and development substances that fit the criteria set out in 40 CFR 

168.75(5) are not subject to the FPAS requirement, but are subject to the labeling requirement. 

Confidential business information may be required to be submitted in the case where a business 

wishes to export an unregistered research pesticide product that does not fit the criteria of 

168.75(5). EPA recognizes that the chemical identity of the research product may require 

protection as confidential business information, but believes that it is essential that the Agency

nevertheless be able to accurately identify the nature of the product. The identity of a product 

under research and development may be identified by use of identification codes which protect 

proprietary information.

3(g) Sensitive Questions

No information of a sensitive nature is required to be submitted.
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4. THE RESPONDENTS AND THE INFORMATION REQUESTED

4(a) Respondents - NAICS Codes

Respondents affected by the collection activities under this ICR are individuals or entities 

that either manufacture and export unregistered pesticides or that reformulate or repackage and 

export unregistered pesticides. The North American Industrial Classification System (NAICS) 

code assigned to the parties responding to this information is as follows: 

Category NAICS 

code

Examples of potentially

affected entities

Pesticide and other agricultural 

chemical manufacturing

325300 Individuals or entities engaged in activities related to the 

registration of a pesticide product.

4(b) Information Requested

There are no forms for this activity. In preparing the statement, the exporter is free to 

format the document in any manner as long as it includes all of the required information. The 

exporter must obtain the signed statement from the foreign purchaser before the pesticide can be 

shipped.

(i) Data items, including record keeping requirements

A. Foreign Purchaser Acknowledgment Statement (FPAS)

After determining that the product is subject to this requirement, the exporter must obtain 

a statement of the type described in item 3(b)(i) from the foreign purchaser of the pesticide 

product. This will normally require that the exporter provide the purchaser with a prepared 

statement for signature or with instructions that are adequate to ensure that the purchaser can 

prepare the statement.

If the exporter anticipates making more than one shipment of the product to the purchaser 

in a given year, the exporter may elect to notify EPA only at the time of the first shipment and to 

choose to comply with the annual reporting option, which requires the submission of an annual 

summary of shipments of pesticides shipped to each purchaser.

The FPAS must contain the following information:

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 sold for use in the United States.

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

country of import.

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

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

Acknowledgment Statement.

9. Exporter’s signature.

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

B. Third Party Notification Requirements; Export Labeling

All exported registered pesticides must bear the EPA approved label and supplemental labeling 

options have been made to accommodate the importing country’s requirements. For unregistered 

pesticides, the following information must be included on the labels or labeling:

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. Identity of parties.

6. Weight or measure.

7. Additional warning for highly toxic pesticides.

8. Use classification statement.

C. Multilingual labeling requirement

For both 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. Ingredient statement.

4. If the pesticide, device or active ingredient is highly toxic to humans, the skull and 

crossbones, the word “Poison,” and a statement of practical treatment must appear on 

the label. The word “Poison” and the statement of practical treatment shall be in 

English and in an acceptable language of the country of import, and in an acceptable 

language in the country of final destination, if known or reasonably ascertainable.

(ii) Respondent Activities

A. Submission of Foreign Purchaser Acknowledgment Statement

The exporter is required to send a copy of the purchaser acknowledgment statement to 

EPA within 7 days of having shipped the pesticide, along with a signed statement that the 

shipment did not occur prior to receipt of the purchaser acknowledgment statement. In addition, 

if the exporter chooses the annual reporting option, he or she must include a statement that the 
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FPAS is for the first shipment of a pesticide to a particular purchaser in a specific country, and 

that the exporter will report this information annually. Where an exporter chooses to comply

with the annual summary reporting option, a summary must be sent after the end or the calendar 

year which lists all shipments of a particular pesticide shipped to a particular foreign purchaser. 

It is not required for the statement to be submitted to EPA in time to enable EPA to notify the

importing country prior to arrival of the pesticide.

Submission of a purchaser acknowledgment statement does not require the maintenance 

of any records unique to this section. All records needed to ensure and verify compliance with 

this requirement are required under section 8 of FIFRA. The recordkeeping burden related to this 

requirement is covered under another ICR.1

B. Exemption of research and development pesticides

Records supporting research and development status must include information regarding 

research intent of the shipment as well as information indicating knowledge that the quantity

being shipped is consistent with research intent, as specified in 40 CFR 168.75 (b)(5). Persons 

claiming an exemption from the FPAS requirement for the export of research and development 

products must maintain records which support the R&D claim for each shipment so claimed. In 

its policy, EPA has limited research claims only to shipments where the quantity shipped would 

be unlikely to support a commercial use. Thus, the company’s records must be sufficient to 

support the claim that the quantity shipped is only sufficient for use within the limits of the 

policy. This can be done either in the form of communications received from the purchaser 

before or on the date of export or in the form of instructions sent to the purchaser before or on the 

date of export.

Alternatively, the exporter may retain records which indicate that the quantity shipped is 

compatible with the claim that the amount can only be used as provided in the policy. Such 

information could include test results, literature citations, or other information which supports 

the claim.

At the time of shipment, the exporter must maintain a record of the identity, amount, and 

date that the pesticide was shipped, the destination and purchaser, and the intended research use. 

Most of this information is typically reflected on invoice/shipping records normally maintained 

for such products; records of pesticide shipments are already required to be maintained under 

FIFRA section 8. Other documentation supporting research use is generally available as typical 

business practice and should not impose additional burdens. Records of shipment and 

confirmation of research intent must be maintained and made available for inspection and 

copying by EPA for two years following the exportation of the pesticide.

C. Export labeling

 

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)
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Every exported pesticide, device, and active ingredient used in producing a pesticide must 

bear a label or labeling which meets the requirements of FIFRA section 17(a)(1). This 

requirement applies to all such pesticides, devices, or active ingredients, regardless of whether 

the export is for commercial or research and development use. The specific requirements for the 

labeling of exported pesticides are described above. The required label statements may be met 

through either immediate container labels, or accompanying supplemental labeling, or through a 

combination of the two. 

EPA included supplemental labeling as an option to ease the compliance burden of this 

requirement. Supplemental labeling used to meet pesticide export label requirements must be 

attached to each smallest divisible shipping container of a given pesticide product. In the case 

that cartons or drums are secured to a pallet such that they will not be separated from the pallet 

during shipment, it is permissible to attach supplemental labeling to the pallet load. An example 

would be where a pallet of cartons has a wrapper (e.g., shrink-wrap) which contains all of the 

cartons on the pallet. However, if cartons or drums are loosely stacked on a pallet so that they

could be separated during shipment, each drum or carton must be labeled.

Exporters are also required to keep records of the product labeling , including the EPA 

registered labeling, any foreign labeling on or attached to the product when shipped, and as 

applicable, any supplemental labeling. The records are to be maintained in a manner that shows 

exactly which labels and labeling accompanied each shipment of a pesticide product to a foreign 

country.

5. THE INFORMATION COLLECTED -- AGENCY ACTIVITIES, COLLECTION 

METHODOLOGY, AND INFORMATION MANAGEMENT

5(a) Agency Activities

EPA is required to perform the following activities:

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 acknowledgment statements and summaries of 

shipments to appropriate government officials of importing countries;

5. Maintain a file of all submissions.

6. Respond to queries. 

5(b) Collection Methodology and Management

EPA maintains a file of all submitted acknowledgment statements. This file includes the 

following for each submitted statement: 

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

2. Date that the statement was forwarded to the appropriate government official or 

agency of the importing country.

3. Copy of the estimate summary of the number of shipments to be made in 

association with that statement.

EPA reviews its files annually for completeness, following the submission of annual 

summaries of shipments, by referencing establishment reporting records for apparent 

discrepancies. EPA targets inspections based on such apparent discrepancies to determine 

whether a violation under FIFRA has occurred.

5(c) Small Entity Flexibility

Under this reporting requirement, small entities must follow the same collection 

procedures as large companies. Both large and small entities may avail themselves of options

which support alternative, flexible means of meeting specific requirements: 1. reporting options; 

2. timing of submissions and 3. format of required information. The Agency allows respondents

the choice of reporting options to determine the method of obtaining the foreign purchaser 

acknowledgment statement. Respondents are also allowed flexibility in timing of submissions; 

respondents can choose between annual estimates and summaries or per-shipment statements. 

Finally, EPA provides flexibility in the formatting of submissions; small entities and occasional 

submitters may find it easier to comply with the requirements since they do not have to adhere to 

a specific format.

5(d) Collection Schedule

Not applicable. The activity is conducted only as purchaser acknowledgment statements 

are received. There is no set schedule for the collection of this information.

6. ESTIMATING THE BURDEN AND COST OF THE COLLECTION

6(a) Methodology for Estimating Respondent Cost

The methodology for calculating the wage rates in this 2010 revision of the ICR has been 

updated to be consistent with the method for wage calculation for all ICRs managed by the 

Office of Pesticide Programs (OPP). This approach uses a transparent and consistent 

methodology employing publicly-available data to provide more accurate estimates and allow 

easy replication of the calculations. Wage estimates are based on 2010 wage data.

Methodology: The methodology uses data on each sector and labor type for an Unloaded 

wage rate (hourly wage rate), and calculates the Loaded wage rate (unloaded wage rate + 

benefits), and the Fully loaded wage rate (loaded wage rate + overhead). Fully loaded wage 

rates are used to calculate the Agency’s staffing costs. 
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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 43% 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 

43% is not applicable; the applicable percentage will be stated.

Fully Loaded Wage Rate: We multiply the loaded wage rate by 50% (EPA guidelines 20-

70%) to get overhead costs. Attachments F and F.1 contain worksheets providing the breakout of 

these costs. 

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

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

respondent costs for this renewal for managerial, technical and clerical rates are estimated at 

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

benefits and overhead costs.

6(b) Estimating Respondent Burden and Cost

The overall respondent burden hours associated with this collection total 24,470 hours per 

year. This figure shows a decrease of 22 burden hours from the previous ICR. The difference is 

due to a decrease in average number of respondents per calendar year from 2008-2010.

The requirements to be fulfilled under this ICR consist of two parts: submission of the 

Foreign Purchaser Acknowledgment Statements (FPAS); and the third party notification export 

labeling requirement. The third party labeling requirement is further subdivided into labeling 

requirements for unregistered exported pesticide products and multilingual labeling requirements 

for registered exported pesticide products. 

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

This ICR renewal includes a respondent burden estimate of 2,420 hours for the FPAS 

requirement. This figure is based on the average of 2,283 notices received annually from 2008-

2010. Table 1 presents the calculations for total annual costs, a breakdown of the FPAS 

collection activities per respondent, and the expected labor mix required for each activity. 

Hourly wage rates for firms in NAICS 325000 were used to calculate respondent burden. The 
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fully loaded hourly wage rates for management, technical, and clerical occupations for NAICS 

325300 are $120.28, $60.85, and $37.11, respectively. See Attachment D for labor wage 

calculations. The total management, technical, and clerical hours are multiplied times the annual 

number of requests and by the fully loaded wage rates to get a total annual respondent cost of 

$135,904 for submitting FPAS forms.

All records submitted under this rule are either required to be kept under FIFRA Section 8 

or are maintained in the normal course of business. Exporters who feel that per-shipment 

submissions represent undue burden may choose to report annually. The per-shipment 

notification and annual summary requirements of this option are based on records of production 

and shipment records already required by regulations under FIFRA Section 8, so such 

information will be readily available to exporters, who may submit it without reformatting or 

special preparation. These annual submissions may be included as part of the annual submission 

of acknowledgment statements and thus would result in minimal burden.

Table 1. Respondent Burden/Cost: Submission of FPAS

Collection Activity Burden Hours (per year) Total

Mgmt

$120.28/hr

Technical

$60.85hr

Clerical

$37.11/hr

Hours Cost ($)

Read Regulations 0.08 0.00 0.00 0.08 9.62

Plan Activities 0.00 0.08 0.00 0.08 4.87

Gather Information 0.00 0.08 0.00 0.08 4.87

Process, compile and reveal 

information

0.00 0.16 0.00 0.16 9.74

Complete paperwork 0.00 0.25 0.25 0.50 24.49

Record, disclose & display

information

0.00 0.00 0.08 0.08 2.97

Store, maintain and file 

information

0.00 0.00 0.08 0.08 2.97

TOTAL 0.08 0.57 0.41 1.06 59.52

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

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

1 Hourly wages rates are fully loaded wage rates based on NAICS 325300 - Pesticide, Fertilizer, and Other 

Agricultural Chemical Manufacturing from U.S. Dept. of Labor, Bureau of Labor Statistics, May 2010. See 

Attachment A for wage calculations. 

2 Totals may not sum due to rounding.

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

Labeling Requirement

As discussed above, certain information must be included on the labels or labeling of 

exported pesticides. The labeling requirements may be met by supplemental labeling attached to 

either the product container or the shipping container
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Table 2 presents the estimated respondent burden for product labeling of unregistered 

exported pesticide products. Historically, in order to estimate the number of unregistered 

exported pesticide products, the Agency has assumed that one-quarter of the pesticides exported 

from the U.S. are not registered for use in the United States. The Agency has estimated that the 

total number of pesticide products that are exported annually to be 3,600. Therefore, based on 

these assumptions, approximately 900 unregistered pesticide products are exported annually. 

EPA is seeking comment on whether more precise sources for information on the number of 

products exported annually, and the percentage that are unregistered are available, or if there is a 

more accurate way of characterizing the units for measuring burden. 

Product labeling for unregistered exported products accounts for eight burden hours, at a 

cost of $504.65, for each respondent. This equates to a total annual burden of 7,200 hours and a 

total annual burden of $454,180 across all respondents.

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

Collection Activity Burden Hours (per year) Total

Mgmt

$120.28/hr

Technical

$60.85/hr

Clerical

$37.11/hr

Hours Cost ($)

Read Regulations 0.50 0.00 0.00 0.50 60.41

Design Labels 0.00 2.00 0.00 2.00 121.70

Translate Labels 0.00 5.00 0.00 5.00 304.25

Complete Paperwork and Store 

Information

0.00 0.00 0.50 0.50 18.56

TOTAL 0.50 7.00 0.50 8.00 504.65

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

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

1 Hourly wages rates are fully loaded wage rates based on NAICS 325300 - Pesticide, Fertilizer, and Other 

Agricultural Chemical Manufacturing from U.S. Dept. of Labor, Bureau of Labor Statistics, May 2010. See 

Attachment A for wage calculations. 

2 Totals may not sum due to rounding.

Certain information must be provided in the languages of the country or countries of final 

destination. Table 3 presents the estimated respondent burden for multilingual product labeling 

of registered exported pesticide products. The labeling requirements may be met by

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

estimates that it will take respondents approximately 5.5 hours at a cost of $322.81 to meet the 

multilingual labeling requirement for each product. EPA estimates that to prepare one label in 

one language would take approximately one hour. In reviewing the major destinations of export 

shipments, EPA estimates that most labels would be in one or more of the following languages: 

French, Spanish, German, Taiwanese, and Portuguese. This equates to a total annual burden of 

14,850 hours and a total annual burden of $871,574 across all respondents.

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

Collection Activity Burden Hours (per year) Total

Mgmt

$120.28/hr

Technical

$60.85/hr

Clerical

$37.11/hr

Hours Cost ($)

Translate Labels 0.00 5.00 0.00 5.00 304.25

Complete Paperwork and Store 

Information

0.00 0.00 0.50 0.50 18.56

TOTAL 0.00 5.00 0.50 5.50 322.81

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

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

1 Hourly wages rates are fully loaded wage rates based on NAICS 325300 - Pesticide, Fertilizer, and Other 

Agricultural Chemical Manufacturing from U.S. Dept. of Labor, Bureau of Labor Statistics, May 2010. See 

Attachment A for wage calculations. 

2 Totals may not sum due to rounding.

6(c) Estimating Agency Burden and Cost

Agency costs for this information collection activity are minimal, and include only the 

record keeping associated with the receipt of the acknowledgment statements and costs 

associated with the transmittal of acknowledgment statements to the appropriate government 

official in the importing country. EPA estimated hourly burden at 0.57 hours (around 35 

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

burden by the wage rate for technical labor.

Table 4. Agency Processing Burden for FPAS Requirement

Collection Activity Hours Annual Cost ($)

Technical

$71.58/hr

Receive, review acknowledgment statements for completeness, 

and enter in log book

0.08 5.73

Data entry of information in acknowledgment statements 0.25 17.90

Make necessary copies and transmit submission to appropriate 

government officials of importing countries

0.16 11.45

Maintain a file of all submissions 0.08 5.73

TOTAL 0.57 40.80

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

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

1 Hourly wages rates are fully loaded wage rates based on NAICS code 999100 - Federal Executive Branch from 

U.S. Dept. of Labor, Bureau of Labor Statistics, May 2010. See Attachment A for wage calculations. 

2 Totals may not sum due to rounding.

6(d) Bottom Line Burden Hours and Cost

(i) Respondent Burden by Information Collection (IC)
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The total annual respondent burden hours for this ICR are estimated at 24,470 hours. 

This accounts for 2,420 hours for the FPAS requirement, 7,200 hours for the labeling of 

unregistered pesticides, and 14,850 hours for the labeling of registered pesticides. 

The total annual respondent cost for this ICR is estimated to be $1,461,658. This 

estimate is composed of the following costs: $135,904 for the FPAS requirement, $454,180 for 

the labeling of unregistered pesticides, and $871,574 for the labeling of registered pesticides. 

Table 5. Total Annual Respondent Burden Hours and Cost

Information Collection Responses 

Per Year

Burden Per 

Response 

(hours)

Annual 

Burden 

(hours)

Annual 

Cost 

($)

Foreign Purchaser 

Acknowledgment 

Statements

2,283 1.06 2,420 $135,904

Labeling for Unregistered 

Exported Pesticide 

Products

900 8 7,200 454,181

Multilingual Product 

Labeling for Registered 

Exported Pesticide 

Products

2,700 5.5 14,850 $871,574

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

1 Totals may not sum due to rounding.

(ii) Agency Burden

The total annual agency burden for this ICR is estimated to be 1,313 hours. This would 

result in a total annual agency cost of $171,047. 

Table 6. Bottom Line Burden Hours and Cost

TOTAL

Hours Costs

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

Agency Burden Estimate 1,301 $93,146

6(e) Reason for Changes in Burden

There were no program changes affecting this ICR, and there was no change in the 

estimated average response time for respondents. There is a decrease of 22 hours in the total 
Draft September 2011 

15

estimated respondent burden compared with that identified in the ICR currently approved by

OMB. This decrease is a result of a decrease in the annual number of foreign purchaser 

acknowledgement statements submitted (from 2,304 to 2,283) which resulted in a change to the 

annual burden hours for respondents from 2,442 in the previous renewal to 2,420 in the current 

renewal. There is no change in burden associated with labeling requirements for unregistered 

and registered exported pesticides. Labor costs for respondents and the Agency increased as a 

result of changes in the wage rates made to: a) reflect current wage rates and b) to make the 

methodology for calculating wage rates consistent with other OPP ICRs. The new wage 

estimates incorporated higher estimates for benefits and overhead than were used in the past.

These changes are an adjustment.

6(f) Burden Statement

Annual respondent burden for this collection of FPAS information requirements is 

estimated to average 1.06 hours (around 65 minutes) per response. The annual respondent 

burden for meeting labeling requirements for unregistered and registered exported pesticide 

products is estimated to average 8.0 hours and 5.5 hours, respectively. This estimate includes the 

time for reviewing instructions, gathering and maintaining the data needed, and completing and 

reviewing the collection of information. The Agency may not conduct or sponsor, and a person 

is not required to respond to, a collection of information unless it displays a currently valid OMB 

control number.

The Agency has established a public docket for this ICR under Docket ID No. EPA-HQOPP-2011-0766, which is available for online viewing at www.regulations.gov, or in person 

viewing at the OPP Regulatory Public Docket in Rm. S-4400, One Potomac Yard (South 

Building), 2777 S. Crystal Drive, Arlington, VA. This docket facility is open from 8:30 a.m. to 4 

p.m., Monday through Friday, excluding legal holidays. The docket telephone number is (703) 

305-5805. You may submit comments regarding the Agency's need for this information, the 

accuracy of the provided burden estimates and any suggested methods for minimizing respondent 

burden, including the use of automated collection techniques. 

Submit your comments, referencing Docket ID No. EPA-HQ-OPP-2011-0766 and OMB Control 

No. 2070-0027, to (1) EPA online using www.regulations.gov (our preferred method), or by mail 

to: Public Information and Records Integrity Branch (PIRIB), Mail Code: 7502P, Office of Pesticide 

Programs (OPP), Environmental Protection Agency, 1200 Pennsylvania Ave., NW, Washington, 

DC 20460, and (2) OMB by mail to: Office of Information and Regulatory Affairs, Office of 

Management and Budget (OMB), Attention: Desk Officer for EPA, 725 17th Street, NW, 

Washington, DC 20503.
Draft September 2011 

16

ATTACHMENTS TO THE SUPPORTING STATEMENT

Attachments to the supporting statement are available in the public docket established for this 

ICR under docket identification number EPA-HQ-OPP-2011-0766. These attachments are 

available for online viewing at 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. Available online at the US House of Representatives’ US 

Code website

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

purchaser acknowledgement statements. Available online at the National 

Archives and Records Administration’s Electronic CFR Website

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

Attachment D: Work Sheets to Calculate Industry and EPA Labor Costs
Draft September 2011 

17

Attachment D

Work Sheets used to Calculate Registrant Labor Costs 

This attachment is available as part of the electronic docket EPA-HQ-OPP-2011-0766 and is 

part of the ICR’s Supporting Statement.

NAICS: 325300

Pesticide, Fertilizer, and Other Agricultural Chemical Manufacturing

Labor Cost 

Category Formula Managerial Technical Clerical

Unloaded Hourly

Rate 1

= W $55.84 $28.25 $17.23 

Benefits Percentage 2

Lb = B/W 44% 44% 44%

Benefits per hour B = W*Lb $24.35 $12.32 $7.51 

Loaded Hourly Rate

Wb = W+B 

= W(1+Lb) $80.19 $40.57 $24.74 

Overhead Percentage 

3

Lo = 

OH/Wb 50% 50% 50%

Overhead per hour

OH = 

Wb*Lo $40.09 $20.28 $12.37 

Fully Loaded Wage 

Rate

Wf = Wb + 

OH

$120.28 $60.85 $37.11 

= W + B + 

OH 

1. Data Source: BLS http://www.bls.gov/oes/current/naics4_325300.htm May 2010 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.
Draft September 2011 

18

Attachment D.1

Work Sheets used to Calculate EPA and Federal Government Labor Costs

This attachment is available as part of the electronic docket EPA-HQ-OPP-2011-0766 and is 

part of the ICR’s Supporting Statement

NAICS: 999100 

Federal Executive Branch

Labor Category: Formula Managerial Technical Clerical

Unloaded Hourly Rate1= W $55.64 $33.23 $20.06 

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

Benefits per hour B = W*Lb $24.26 $14.49 $8.75 

Loaded Hourly Rate Wb = W + B = 

W(1+Lb)

$79.90 $47.72 $28.81 

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

Overhead per hour OH = Wb*Lo $39.95 $23.86 $14.40 

Fully Loaded Hourly Rate Wf = Wb + OH $119.85 $71.58 $43.21 

= W + B + OH 

1. Data Source: BLS http://www.bls.gov/oes/current/naics4_999100.htm May 2010 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.