**Draft February 2012**

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 2 **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 tr ansmits 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)

.**Draft February 2012**

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 sy stems.

**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. **3(b) Public Notice Required Prior to ICR Sub**  **mission to OMB Draft February 2012** 

3 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 (76 FR 74051; November 30, 2011). EPA received no public comment in response to this notice , which is available in the docket for this I CR and can be accessed at http://www.regulations.gov using the docket identifier EPA

- HQ

- OPP

- 2011

- 0766. **3(c) Consultations**  Inaddition to the public notice that EPA p ublish ed in the Federal Register concerning the renewal of this I CR, the Agency consult ed with stakeholders who actively interact with the Agency through the use of this collection instrument , as required under 5 CFR 1320.8(d)(1)

. Five companies were s elected at random to respond to questions about the information collection and the accuracy of the burde n estimates . All five reported that the instructions for submitting the F PAS are clear; that the information is not available to the Agency from any other source; and, that electronic submissions in the future would be of interest. All five companies responded that the burden and cost estimates for complying with the FPAS requirements seemed accurate. The responses from the five companies regarding the b urden and costs for complying with the export labeling requirements ranged from agreement that the estimates were accurate to one indication that they

were significantly

different

– perhaps due to differences in exactly what activities support the burden e stimate. No action by EPA to change the estimates is planned. The representative from o ne company noted th at it would be preferable if the FPAS could be collected on a revolving annual basis

– that is, every 12 months from the time of the original sub mission (per purchaser)

. EPA provides two reporting options. The exporter may elect to report on a per
- shipment basis or to report on an annual basis, provided the exporter submits the first FPAS in the calendar year for the first shipment to a purchaser i n an importing country . EPA bel ieves these two options provide flexibility for respondents to comply with the information request. EPA does not contemplate changes to the reporting options at this time. A summary

of the consultations is in available in the docket 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 ret ained 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.**Draft February 2012**

4 **3(e) General Guidelines**  Inaccordance with 5 C FR 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 collected 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 selling products world

- wide that could enable the collection and submission of electronic signatures. Additionally , there is no mechanism currently in p lace 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 In f ormation (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 “Nonco nfidentiality 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 (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 i dentity 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 ccording to statute, this same inf ormation 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 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

. T he identity of a product under research and development may be identified by use of identification codes which protect proprietary

information

.**Draft February 2012**

5 **3(g) Sensitive Questions**  No information of a sensitive nature is required to be submitted. **4. THE RESPONDENTS AND THE INFORMATION REQUESTED**  **4(a) Respondents** 
**- NAICS Co**  **des** 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 Industrial Classification Sy stem (NA IC S) 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 produ ct is subject to this requirement, the exporter must obtain a statement of the ty

pe 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 o nly

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**Draft February 2012**

6 the United States and cannot be sold for use in the United States

. 5. If known, country of final destination of the exported shipme nt if different from country of import. 6. Signature of foreign purchaser. 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.
In formation required to be collected must be maintained pursuant to 40 CFR 168.85. **B. Third Party Notification Requirements; Export Labeling**  All exported registered pesticides mu s 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 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 s ection 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 both registered and unregistered p roducts, 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 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 co untry of import, and in an acceptable language in the country

of final destination, if known or reasonably ascertainable. **(ii) Respondent Activities** **Draft February 2012**

7 **A. Submission of Foreign Purchaser Acknowledgment Statement**  The exporter 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 addition, 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 or the calendar ye ar which lists all shipments of a particular pesticide shipped to a particular foreign purchaser. Itis not required for 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 v erify 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 develo pment 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 exemp tion 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 shipments 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 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 ide ntity , amount, and date that the pesticide was shipped, the destination and purchaser, and the intended research use. Most of this information is ty pically reflected on invoice/shipping records normally maintained for such products ; records of pesticide s hipment s are already required to be maintained under

1 OMB Control No. 2070

- 0028; EPA ICR 0143 Recordkeeping Requirements for Producers of Pesticides under section 8 of the Federal Insecticide, Fungici de, and Rodenticide Act (FIFRA)**Draft February 2012**

8 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 shipment and confirmation of researc h 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 producing a pesticide must bear a l abel 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 req uirements 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 the two. EPA included suppleme ntal 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. I n 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 l abeling 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 activit ies: 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.**Draft February 2012**

9 **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. C opy

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

. 2. D ate that the statement was forwarded to the appropriate government offi cial 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 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 requireme nt, small entities must follow the same collection procedures as large companies. B oth large and small entities may avail themselves of options 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 of submissions; small entities and occasional submitters may

find it easier to comply

with the requirements since th ey 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 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 2010 w age data.**Draft February 2012**

10 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 (management, technical, and clerical) within applicable sectors. The Agency uses average wage data for the relevant s ectors 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 Sy stem (NAI CS) 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 ). Lo aded 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.rel ease/ecec.t01.htm . However, if other sectors are listed for which 43% 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. Attachment s D and D .1 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 res pondent costs for this renewal for managerial, technical and clerical rates are estimated at $1 20

. 28 , $60. 85 and $3 7

. 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 w ith this collection tota l 24,470 hours per ye ar. This figure shows a decre ase of 22 burden hours from the pre vious I CR. The difference is due to a decrease in the average number of respondents per calendar year from 2008

- 2010. The requirements to be fulfilled under this I CR consist of two parts: submission of the Foreign Purchaser Acknowledgment Statements (FPAS); and the third party notification export labeling requirement. The third party label ing 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 R**  **equirement Draft February 2012** 

11 This I CR renewal includes a res pondent 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

. H ourly wage rates for firms in NAI CS 325000 were used to calculate respondent burden. The fully loaded hourly

wage rates for management, technical, and clerical occupations for NAI CS 32 5300 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 b y the fully loaded wage rates to get a total annual respondent cost of $ 13 5 , 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. Exp orters 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

re gulations 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 stateme nts and thus would result in minimal burden. **Table 1. Respondent Burden/Cost: Submission of FPAS**  **Collection Activity Burden Hours (per year)**  **Total** Mgmt $1 20

. 28 /hr Technical

$6 0.85 hr Clerical

$3 7

. 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 = $13 5 , 904 per year 1 Ho urly 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 D for wage calculations. 2 Totals may not sum due to rounding.**Draft February 2012**

12 **(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 Table 2 presents the estimated respondent burden for product labeling of unregistered exported pesticide products. Historically , in order to estimat e 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 pesticide produ cts exported annually , and the percentages that are unregistered , are available

. 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 $1 20

. 28 /hr Technical

$6 0

. 8 5/hr Clerical

$3 7

. 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 3 04.25 Complete Paperwork and Store Information 0.00 0.00 0.50 0.50 1 8.56
TOTAL 0.50 7.00 0.50 8.00 5 04.65 ANNUAL BURDEN: 8 hours x 900 unregistered products = 7,200 hours ANNUAL COSTS: $5 04

. 65 x 900 unregistered products = $ 4 54 ,1 80 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 D for wage calculations. 2 Totals may not sum due to rounding. Certain information must be provided in the languages of the country or countries of final destinat ion. 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 cont ainer. 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:**Draft February 2012**

13 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**  **Product Exports**  Collection Activity Burden Hours (per year) Total Mgmt $12 0.28 /hr Technical

$6 0

. 8 5/hr Clerical

$3 7

. 11 /hr Hours Cost ($)
Translate Labels 0.00 5.00 0.00 5.00 3 04 .25 Complete Paperwork and Store Information 0.00 0.00 0.50 0.50 1 8.56
TOTAL 0.00 5.00 0.50 5.50 3 2 2.8 1 ANNUAL BURDEN: 5.5 hours x 2700 exported registered products = 14,850 hours ANNUAL COST S: $3 22 .8 1 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 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 re ceipt 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. Ba sed on this estimate, annual costs 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 $ 7 1

. 58 /hr Receive, revie w acknowledgment statements for completeness, and enter in log book 0.08 5. 73 Data entry

of information in acknowledgment statements 0.25 1 7.90 Make necessary

copies and transmit submission to appropriate government officials of importing countries 0.16 1 1. 45
Maintain a file of all submissions 0.08 5. 73 TOTAL 0.57 4 0.80 ANNUAL BURDEN: 2, 283 statements x 0. 57 hours = 1,3 01 hours ANNUAL COSTS: 2, 283 statements x $ 4 0

. 80 = $9 3 ,1 4 6**Draft February 2012**

14 1 Hourly wages rates are fully loaded wage rates based on NAICS code 99910 0

- 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 Collecti on (I C) The total annual respondent burden hours for this I CR 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 I CR 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 la beling of registered pesticides.

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

Response (hours) Annual

Burden (hours) Annual

Cost ($) Foreign Purchaser Acknowledgment Statements 2,28 3 1.06 2,420 $135,904 Labeling for Unregistered Exported Pesticide Products 900 8 7,200 454,181 Multilingual Product L abeling 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 I CR 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 24,4 70 $1,4 61 ,6 58 Agency Burden Estimate 1,3 01 $ 9 3 ,1 46 **6(e) Reason for Changes in Burden** **Draft February 2012**

15 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 22 hours in the total estimated respondent burden compared with that identified in the I CR currently approved by OMB . This decrease is a result of a decrease in the annual number of fo reign 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 I CRs. 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 info rmation unless it display s a currently valid OMB control number. The Agency

has established a public docket for this I CR under Docket ID No. **EPA**
**- HQ** 
**** **OPP**
**- 2011** 
**- 0766**  , which is available for online viewing at www.regu lations.gov , or in person viewing at the OPP Regulatory Public Docket in Rm. S

- 4400, One Potomac Yard (South Building), 2777 S. Cry stal Drive, Arlington, VA. This docket facility is open from 8:30 a.m. to 4 p.m., Monday

through Friday , excluding legal ho liday s. 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 o f automated collection techniques. Submit your comments, referencing Docket ID No. **EPA**
**- HQ** 
**- OPP** 
**- 20**  **1 1** 
**- 0**  **766** and OMB Control No. 2070

- 0 027, to (1) EPA online using www.regulations.gov (our preferred method), or by mail to: Public Information and Records Inte grity 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 Bu dget (OMB), Attention: Desk Officer for EPA, 725 17th Street, NW, Washington, DC 20503.**Draft February 2012**

16 **ATTACHMENTS TO THE SUPPORTING STATEMENT** Attachments to the supporting statement are available in the public docket established for this IC R under docket identificatio n number **EPA**
**- HQ** 
**- OPP** 
**- 20**  **11**
**- 0**  **766** . 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. 13**  **6o**
**- Section 17 of the**  **Federal Insecticide, Fungicide, and**

**Rodenticide Act**

. Also 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. Also available online at the National Archives and Records Administrat ion’s Electronic CFR Website **Attachment C: Display Related to OMB Control #2070** 
**- 0027**  **Attachment D** : **Work Sheets used**  **to Calculate I ndustry**  **Labor Costs**  **Attachment D.1 Wor**  **k Sheets used to Calculate EPA and Federal Government**  **Labor Costs Attachment E**  **Summary of Consultations**