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 SUPPORTING STATEMENT FOR 

AN INFORMATION COLLECTION REQUEST

1. IDENTIFICATION OF THE INFORMATION COLLECTION

1(a) Title of the Information Collection: 

TITLE: Notice of Supplemental Distribution of a Registered Pesticide Product

OMB No.: 2070-0044 EPA No.: 0278.11

1(b) Short Characterization/Abstract

This information collection activity notifies the Environmental Protection Agency (EPA) 

of supplemental distribution of registered pesticide products. As mandated by the Federal 

Insecticide, Fungicide and Rodenticide Act (FIFRA), as amended, EPA is responsible for the 

regulation of pesticides. Section 3 (e) of FIFRA (7 U.S.C. 136a (e)) allows pesticide registrants 

to distribute or sell registered pesticide products under a different name or in addition to the 

registered name (see Attachment A). According to 40 CFR 152.132, registrants may distribute 

or sell their registered product under another company’s name and address instead of (or in 

addition to) their own. Such distribution and sale is termed “supplemental distribution” and the 

product is termed a “distributor product.” EPA requires pesticide registrants who enter into 

supplemental distribution agreements with other companies to submit Form 8570-5, Notice of 

Supplemental Distribution of a Registered Pesticide Product (see Attachment B). This 

information collection request (ICR) is a proposed renewal of an existing ICR currently

approved by Office of Management and Budget (OMB) and is due to expire on July 31, 2013. 

2. NEED FOR AND USE OF THE COLLECTION

2(a) Need/Authority for the Collection

This information is required to be submitted pursuant to Section 3 (e) of FIFRA, as 

amended. Regulations pertaining to supplemental distribution of pesticide products are 

contained in Title 40 CFR Part 152.132 (see Attachment C).

2(b) Practical Utility/Users of the Data

Section 3 (e) of FIFRA requires pesticide registrants to notify the Agency when the 

registrant has entered into an agreement with a second company to distribute the registrant's 

product under the second company's name and product name. The distributor is considered an 

agent of the registrant for all intents and purposes under the Act, and both the registrant and the 

distributor may be held liable for violations pertaining to the distributor product. EPA’s Office 

of Pesticide Programs is responsible for maintaining information about supplemental distribution 

agreements.
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3. NON DUPLICATION, CONSULTATIONS, AND OTHER COLLECTION 

CRITERIA

3(a) Non duplication

This is the only information collection activity of its kind, and the information collected 

under this program is collected only once per receipt of a notice of distributor registration. 

Therefore, the possibility of duplication does not exist.

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

Pursuant to 5 CFR 1320.8(d), in proposing to renew this ICR, EPA is publishing a 

Federal Register Notice that provides a 60-day public notice and comment period. The materials 

related to the proposed renewal of this ICR, as well as any comments submitted during the public 

comment period may be accessed as described in section 6(f) of this supporting statement.

3(c) Consultations

Under 5 CFR 1320.8(d)(1), agencies are required to consult with potential ICR 

respondents and data users about specific aspects of ICRs before submitting an original or 

renewal ICR to OMB for review and approval. During the development of this renewal ICR, 

EPA staff will contact appropriate stakeholders and ask them for their assessment of the 

regulatory burden estimates expressed by the Agency in this ICR. A summary of these 

consultations will be provided as part of the supporting statement during the second comment 

period (Attachment D).

3(d) Effects of Less Frequent Collection

This activity is only conducted once per "event" (one notification is submitted per 

product); it is not possible to reduce the frequency of the collection. EPA must maintain the 

current frequency of this collection in order to avoid violating FIFRA Section 3 (e).

3(e) General Guidelines

Long-term recordkeeping: The only PRA-imposed guideline in 5 CFR 1320.6 that may

be exceeded in this collection is the record-keeping retention period. The registrant and the 

distributor are expected to maintain copies of their distribution agreement (EPA Form 8570-5) as 

long as the registration is valid or until the parties notify EPA that they have voluntarily

dissolved the distribution agreement. Registrations are valid unless they are voluntarily canceled 

or withdrawn by the registrant or until EPA has cause to suspend or cancel the registration as a 

result of the Registration Review Program or an adverse finding by the Agency. 

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 3 years generally will be exceeded in this program.
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Electronic submissions: OMB regulations require agencies to provide a statement 

indicating 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 (5 CFR 1320.5(a)(iii)(E)). At this time, OPP is not offering a fully electronic 

submission option. As this information collection request indicates, both the basic product 

registrant and the distributor must sign the required notification. While EPA Form 8570-5 is 

available and fillable online, the form currently needs to be printed out to be signed and mailed. 

The Agency is actively working to extend full electronic submission options in keeping 

with the June 22, 2012 OMB memo on "Reducing Reporting and Paperwork Burdens" and other 

related policy and guidance. In the future, the Agency hopes to offer a fully electronic version of 

this form, including electronic signature and submission, through the Agency's Central Data 

Exchange (CDX). Electronic submission should reduce the time needed to complete the form 

and the activities described in Sections 4 and 5 of this ICR while improving the overall quality of 

submissions.

3(f) Confidentiality

Product distributorship data submitted by basic product registrants under FIFRA Section 

3(e) are considered by the Office of Pesticide Programs (OPP) to contain no confidential 

business information (CBI). 

3(g) Sensitive Questions

No information of a sensitive or private nature is requested in conjunction with this 

information collection activity. Further, this information collection activity complies with 

provisions of the Privacy Act of 1974 and OMB Circular A-108.

4. THE RESPONDENTS AND THE INFORMATION REQUESTED

4(a) Respondents/NAICS Codes

The North American Industrial Classification System (NAICS) code for businesses 

participating in this program is 325320 (Pesticide and other Agricultural Chemical 

Manufacturing).

4(b) Information Requested

 (i) Data Items, Including Record Keeping Requirements

Pursuant to 40 CFR 152.132, supplemental distribution of a registered pesticide is 

permitted if the registrant meets all of the conditions and submits a completed and signed EPA 

Form 8570-5, Notice of Supplemental Distribution of a Registered Pesticide Product. Subsection 152.132 (a) requires the registrant to furnish the following information:
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• EPA registration number of the product to be distributed;

• EPA-assigned distributor company number; 

• Name of the registered product to be distributed;

• Name and address of the basic product registrant;

• Name to be used on the distributed product;

• Name and address of the distributor;

• Signature and title of the distributor and date signed; and 

• Signature and title of the basic product registrant and date signed.

(ii) Respondent Activities

For each distributor product, the basic product registrant must send to EPA a completed 

Form 8570-5, signed by both the basic product registrant and the distributor (Attachment E 

provides detailed information on EPA’s requirements). Responsibility for regulatory compliance 

rests primarily with the basic product registrant. However, both the registrant and the distributor 

may be held liable for any violation of FIFRA. 

A registrant wishing to distribute a registered product under a different name or through a 

different company must provide the following information to EPA:

Read Read form and instructions.

Request If necessary, obtain an EPA company number for the supplemental distributor.

Compile Review information for accuracy and appropriateness.

Submit Submit EPA Form 8570-5 to the Agency.

Store File or otherwise maintain the information.

EPA Form 8570-5 requires the distributor to have an EPA-assigned company number. If 

the distributor company is different from the registrant of the product and has not previously

obtained an EPA company number, one needs to be assigned to them before the form can be 

completed for submission (see Attachment F for instructions on how to obtain an EPA company 

number). 

The Agency estimates conservatively that one-third of the responses submitted to EPA on 

Form 8570-5 are completed using newly-assigned company numbers. The one-third estimate is

considered conservative because the number of entities submitting requests to EPA for company 

number assignment during a reporting period is often far fewer than the total number of forms 

that use newly-assigned distributor company numbers. This is because companies often enter 

into distribution agreements for multiple products, either with the same or with different 

registrants, and notifications for all of those products get submitted around the same time period. 
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5. THE INFORMATION COLLECTED - AGENCY ACTIVITIES, COLLECTION 

METHODOLOGY, AND INFORMATION MANAGEMENT

5(a) Agency Activities

Notices of Supplemental Distribution of a Registered Pesticide Product are pin-punched 

with the date of receipt. The forms are copied, screened for completeness, and included with a 

letter acknowledging receipt of each notification that is sent to the registrant, along with, if 

relevant, a checklist of items to be corrected. Consistent with 40 CFR 152.132(d)(1), starting in 

2010, a product team reviews the product information submitted on the form and follows up with 

the registrant through the OPP division where the original product is registered. Subsequent 

processing steps are the electronic entry and filing of distributor information under the original 

registration of the product, and maintenance of electronic records.

Assign If necessary, assign an EPA company number to the supplemental distributor.

Verify Verify the regulatory status of the primary registration to be supplementally 

distributed;

Acknowledge receipt Provide a receipt of the notice by mailing a copy to the distributor company;

Product information 

review

Check product information; make decisions; if necessary, follow-up with 

registrant;

Process information Enter information from the form into the computerized "Distributor File," a 

part of the Office of Pesticide Programs Integrated Network (OPPIN); and

File and maintain 

information 

The original form is electronically filed in the regulatory file of the parent 

Section 3 registration which is maintained by the Office of Pesticide 

Programs’ Information Services Center.

5(b) Collection Methodology and Management

Registrants voluntarily enter into agreements with distributors. They are required, under 

FIFRA, to notify the Agency of these agreements. EPA maintains the original notifications in 

the regulatory file of the parent Section 3 registration at the Office of Pesticide Programs 

Information Services Center.

5(c) Small Entity Flexibility

Most of the companies participating in this program would qualify as small entities. The 

Agency closely examined potential burdens to small entities and instituted changes to this 

program in 1984. At that time, OMB approved the changes. The Agency also re-evaluated the 

general burden categories in 1986. The Agency believes that the burden imposed by this activity 

has been minimized to what is believed to be the minimal level at which this program can 

effectively function under the requirements specified in the FIFRA and the regulations for the 

enforcement of FIFRA.
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5(d) Collection Schedule

Not applicable. This activity is conducted only once per "event" when the registrant 

submits a Notice of Supplemental Distribution of a Registered Pesticide Product, to the Agency. 

Therefore, there is no set schedule for collection of this information.

6. ESTIMATING THE BURDEN AND COST OF THE COLLECTION

6(a) Estimating Respondent Burden

The burden associated with this collection of information is estimated to be 

approximately 19 minutes per response. The respondent burden estimate on the per-response 

basis has changed slightly from previous years due to a previously unaccounted-for activity

which is conservatively estimated to apply to one-third of the responses submitted. To complete 

Form 8570-5, a distributor’s EPA-assigned company number must be included. Distributors 

without an EPA company number must send a formal request letter on company letter-head to 

the Agency to get one assigned (Attachment F). EPA estimates that one-third of the responses 

submitted to EPA on Form 8570-5 are completed using newly-assigned company numbers. This 

is a conservative estimate because companies often enter into distributor agreements to distribute 

two or more registered products. The number of entities submitting requests to EPA for 

company number assignment during the reporting period is far fewer than the total number of 

forms that use newly-assigned distributor company numbers. The exact number of company

number requests that are submitted specifically for the purposes of becoming a distributor cannot 

be determined at this time, and EPA has used the larger estimate of one-third. The additional 

step is estimated to add 4.8 minutes to the previously approved total per-response burden of 

approximately 14.5 minutes. Therefore, the total respondent burden is estimated to be 19 

minutes per response.

However, due to an overall decrease in the number of supplemental distribution 

notifications received by the Agency over the last several years, the total burden hours have also 

decreased. Whereas EPA had expected to receive about 1,895 notice submissions annually over 

the past 3 years, based on the actual number of submissions received annually over that period 

(1,764 in FY2009, 1,365 in FY2010, and 1,224 in FY2011), the Agency now expects to receive 

only 1,451 notice submissions annually over the next 3 years. Given this change, EPA estimates 

the total annual burden associated with the notice of supplemental distribution of a registered 

pesticide product to be 387 hours.

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 and current publicly-available data to provide more accurate estimates 

and allow easy replication of the estimates.
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Labor Cost 

Approach

Description

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 respondent costs. This renewal uses data from 2011, 

which is the most recent.

Unloaded 

Wage Rate:

Wages are estimated for occupations (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:

Benefits represent 43% of unloaded wage rates, based on benefits for all civilian nonfarm workers, from http://www.bls.gov/news.release/ecec.t01.htm. 

Fully Loaded 

Wage Rate:

The loaded wage rate is multiplied by 50% (EPA guidelines 20-70%) to get overhead 

costs.

 

A copy of the formula work sheets used to estimate the labor rates and to derive the 

registrants’ fully loaded rates and overhead costs for this renewal are listed in Attachment G.

Table 1. Estimated Respondent Burden/Cost per Supplemental Distribution Application 

REGISTRANT HOURS, RATES TOTAL

Collection Activities

Mgmt, $/hr Technical, $/hr Clerical, $/hr

$ 124.10 $ 61.21 $ 36.79 Hours Costs

Read instructions 0.08 - - 0.08 $9.93 

Process, compile, review 

information for accuracy and 

appropriateness 0.05 - - 0.05 $6.21 

If necessary, obtain an EPA 

company number for the 

supplemental distributor - - 0.08 0.08 $2.94 

Complete and submit EPA Form 

8570-5 0.03 - - 0.03 $3.72 

Store, file, or maintain 

information - - 0.08 0.08 $2.94 

Total 0.16 0.00 0.16 0.32 $23.78 

ANNUAL BURDEN: 387 Hours

ANNUAL COSTS: $34,505 
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6(c) Estimating Agency Burden and Cost

To determine Agency costs, the Agency used the Bureau of Labor Statistics estimates of 

labor rates for the North American Industry Classification System code for the Federal Executive 

Branch (NAICS 999100).

Table 2 summarizes the Agency process in reviewing the supplemental distribution 

applications, with associated hours and costs for each task. A copy of the formula work sheets 

used to estimate the labor rates and to derive the Agency’s fully loaded rates and overhead costs 

for this renewal are listed in Attachment H.

Table 2. Estimated Agency Burden/Cost per Supplemental Distribution Application. 

REGISTRANT HOURS, RATES TOTAL

Collection Activities Mgmt, $/hr Technical, $/hr Clerical, $/hr Hours Costs

$ 120.32 $ 77.85 $ 44.05 

If necessary, assign an EPA 

company number to the 

supplemental distributor.

- - 0.08 0.08 $3.52 

Verify, acknowledge receipt1 - - 0.03 0.03 $1.51 

• Initial product screening2- 0.36 - 0.36 $27.90 

• Product review meeting20.63 - - 0.63 $75.46 

• Process disapproved 

product distribution 

information2

- 0.42 - 0.42 $32.42 

Process: Enter form information 

into electronic file in OPPIN - 0.50 - 0.50 $38.93 

File and maintain information - 0.02 - 0.02 $1.30 

Total 0.63 1.29 0.03 1.95 $52.78 

Source: U.S. Department of Labor, Bureau of Labor Statistics. 

http://www.bls.gov/oes/current/naics4_999100.htm May, 2011.

1 Approximately 90% of forms received by EPA are appropriately completed and undergo standard 

processing, requiring only clerical and technical labor types. 

2 The rest of the forms (approximately 10%) require review by the Agency's product review team, 

requiring all three types of labor.

The total annual Agency burden associated with the notice of supplemental distribution 

of a registered pesticide product is 970 hours. This represents an increase over the Agency

burden estimated for the 2009 ICR (625 hours) due to a review process that was implemented in 

2010. The tasks marked by the superscript 2 represent the new review process in which some of 

the product information must be reviewed by the Agency to determine that supplemental 
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distributed product names are consistent with 40 CFR 152.132(d)(1) and are not “misleading.”

The annual total Agency cost is $76,589, increased from $25,905 of the 2009 ICR.

6(d) Bottom Line Burden Hours and Cost Tables

Total Annual Respondent and Agency Burden and Costs

Total

Hours Costs

Annual Respondent Burden/Cost Estimates 387 $34,505 

Annual Agency Burden/Cost Estimates 970 $76,589

6(e) Reasons for Change in Burden

The total annual respondent burden associated with the notice of supplemental 

distribution of a registered pesticide product is 387 hours, a 68 hour decrease from 455 hours 

estimated in the ICR from 2009. This decrease is an adjustment. The average number of 

supplemental registrations received by the EPA over the last three years is approximately 1,451

responses per year (1,764 in FY2009, 1,365 in FY2010, and 1,224 in FY2011). Based on these 

numbers, the Agency estimates that it will receive an average of 1,451 supplemental registrations 

annually for the next three years. 

6(f) Burden Statement

The total estimated annual respondent paperwork burden to comply with this information 

collection activity is 387 hours, or about 19 minutes per response, adjusted up from 15 minutes 

per response from the last renewal. The per-response increase is due to the inclusion of a 

required step in the notification process that was not previously considered as part of this ICR 

but is estimated to apply to a third of the responses. This estimate includes the time needed to 

review instructions; utilize technology and systems for the purposes of collecting, validating, and 

verifying information, processing and maintaining information, and disclosing and providing 

information; adjust the existing ways to comply with any previously applicable instructions and 

requirements; train personnel to respond to a collection of information; search existing data 

sources; complete and review the collection of information; and transmit or otherwise disclose 

the information. An agency may not conduct or sponsor, and a person is not required to respond 

to, a collection of information unless it displays a currently valid OMB control number. The 

OMB control numbers for EPA’s regulations in title 40 of the CFR, after appearing in the 

Federal Register, are listed in 40 CFR part 9, and included on the related collection instrument 

or form, if applicable (see Attachment I).

The Agency has established a public docket for this ICR under Docket ID No. EPA-HQOPP-2012-0544, 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 
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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-2012-0544 and OMB 

Control No. 2070-0044, 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.
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Attachments List

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-2012-0544, 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 7 U.S.C. 136a – Section 3 of FIFRA. Also available at online at the US House 

of Representatives’ US Code website.

Attachment B

EPA Form 8570-5 - Notice of Supplemental Distribution of a Registered 

Pesticide Product 

Also online at http://www.epa.gov/opprd001/forms/8570-5.pdf

Attachment C

40 CFR Part 152.132 - Obligations and Rights of Registrants -

Supplemental Distribution. Also available online at the National Archives 

and Records Administration’s Electronic CFR Website.

Attachment D (Reserved)

Attachment E

Requirements for Approval of Supplemental Distribution 

Also available at: 

http://www.epa.gov/opprd001/registrationmanual/chapter9.html

Attachment F

How to Obtain an EPA Company Number

http://www.epa.gov/pesticides/registrationkit/company-num_addr-chg.pdf

Attachment G Work Sheets used to Calculate Registrant Labor Costs

Attachment H Work Sheets used to Calculate EPA & Federal Government Labor Costs 

Attachment I

Display Related to OMB Control #2070-0044 – Listings of Related 

Regulations in 40 CFR 9.1. Also available online at the National Archives and 

Records Administration’s Electronic CFR Website.