Supporting Statement A for
Paperwork Reduction Act Submission
Approval Procedures for Nontoxic Shot and Shot Coatings, 50 CFR 20.134
OMB Control Number 1018-0067
Terms of Clearance: None.
This information collection is associated with regulations implementing the Migratory Bird Treaty Act (MBTA; 16 U.S.C. 703-712). The MBTA prohibits the unauthorized take of migratory birds and authorizes the Secretary of the Interior to regulate take of migratory birds in the United States. Under this authority, the U.S. Fish and Wildlife Service (Service, we) controls the hunting of migratory game birds through regulations at 50 CFR part 20. In 1991, we banned lead shot for hunting waterfowl and coots in the United States, because of its toxicity to migratory birds and other wildlife. At that time, steel shot was the only available nontoxic alternative. In subsequent years, we have encouraged manufacturers to develop other alternatives for hunting use. The guidelines for approving a candidate material as nontoxic for waterfowl and coot hunting are at 50 CFR 20.134. The information collection requirements found there provide the basis by which the Director of the Service approves or disapproves the nontoxic status of candidate shot materials.
We collect this information only when a manufacturer applies for approval of a nontoxic shot or shot coating. The regulations at 50 CFR 20.134 outline the application and approval process for new types of nontoxic shot and specify what information we collect and how we use it to determine the shot material’s nontoxic status. When considering approval of a candidate material as nontoxic, we must ensure that it is not hazardous in the environment and that secondary exposure (ingestion of spent shot or its components) is not a hazard to migratory birds. To make that decision, we require each applicant to collect information (in a nonform format) about the solubility and toxicity of the candidate material. Additionally, for law enforcement purposes, a noninvasive field detection device must be available to distinguish candidate shot from lead shot. This information constitutes the bulk of an application for approval of nontoxic shot.
We encourage submission of electronic files with the application materials. On the rare occasion we receive a submission, the entire application is electronic.
There are no other information collections that gather the information we need to determine the nontoxic status of a candidate shot material. Applicants may use previously collected information, thus avoiding unnecessary duplication of risk assessments, toxicity tests, and background information.
This collection does not significantly impact small businesses. We collect the minimum information necessary for us to determine the nontoxic status of shot material. If a small entity chooses to apply, we work closely with the applicant to avoid duplication and reduce the hour/dollar burden as much as possible.
We only collect this information when an entity applies for approval of a new nontoxic shot. If we do not collect the information, we could not determine if the candidate material is nontoxic; therefore, fewer nontoxic shot materials would be available to hunters. Increased use of nontoxic shot enhances protection of migratory waterfowl and their habitats. In addition, studies show that hunter compliance with nontoxic shot requirements improves when more nontoxic shot types are available.
* requiring respondents to report information to the agency more often than quarterly;
* requiring respondents to prepare a written response to a collection of information in fewer than 30 days after receipt of it;
* requiring respondents to submit more than an original and two copies of any document;
* requiring respondents to retain records, other than health, medical, government contract, grant-in-aid, or tax records, for more than three years;
* in connection with a statistical survey that is not designed to produce valid and reliable results that can be generalized to the universe of study;
* requiring the use of a statistical data classification that has not been reviewed and approved by OMB;
* that includes a pledge of confidentiality that is not supported by authority established in statute or regulation, that is not supported by disclosure and data security policies that are consistent with the pledge, or which unnecessarily impedes sharing of data with other agencies for compatible confidential use; or
* requiring respondents to submit proprietary trade secrets, or other confidential information, unless the agency can demonstrate that it has instituted procedures to protect the information's confidentiality to the extent permitted by law.
There are no special circumstances that require us to conduct this collection in a manner inconsistent with OMB guidelines.
On August 7, 2024, we published in the Federal Register (89 FR 64476) a notice of our intent to request that OMB renew this information collection. In that notice, we solicited comments for 60 days, ending on October 7, 2024. In a continued effort to increase public awareness of, and participation in, our public commenting processes associated with information collection requests, the Service also published the Federal Register notice on Regulations.gov (Docket No. FWS-HQ-MB-2024-0093) to provide the public with an additional method to submit comments (in addition to the typical U.S. mail submission method). We received an anonymous comment in response to that notice which did not address the information collection requirements; therefore, no response is required.
It is not possible to conduct targeted outreach to respondents. Most years, there are no respondents. On the rare occasion where we have submission, the respondent is new and has not previously completed the process. Therefore, they do not possess sufficient knowledge to comment about the information collection or burden estimates.
We do not provide payments or gifts to respondents.
We do not provide any assurance of confidentiality. Information is collected and protected in accordance with the Freedom of Information Act (5 U.S.C. 552) (FOIA).
We do not ask questions of a sensitive nature.
* Indicate the number of respondents, frequency of response, annual hour burden, and an explanation of how the burden was estimated. Unless directed to do so, agencies should not conduct special surveys to obtain information on which to base hour burden estimates. Consultation with a sample (fewer than 10) of potential respondents is desirable. If the hour burden on respondents is expected to vary widely because of differences in activity, size, or complexity, show the range of estimated hour burden, and explain the reasons for the variance. Generally, estimates should not include burden hours for customary and usual business practices.
* If this request for approval covers more than one form, provide separate hour burden estimates for each form and aggregate the hour burdens.
* Provide estimates of annualized cost to respondents for the hour burdens for collections of information, identifying and using appropriate wage rate categories. The cost of contracting out or paying outside parties for information collection activities should not be included here.
Over the past 20 years, we have received an average of less than one application per year. As a placeholder for these information collection requirements contained in our regulations, we will report 1 response (due to the requirement being contained in regulations), for a total of 3,200 annual burden hours. The hour burden associated with the information collection varies with each applicant and depends significantly on how much already-available information can be applied toward a candidate material. Our hourly burden estimate ranges from 80 to 6,400 hours with an average of 3,200 hours per application.
We estimate the total dollar value of the annual burden hours to be $198,624 (3,200 hours x $62.07). To calculate the hourly burden costs, we used Bureau of Labor Statistics (BLS) May 2023 National Industry-Specific Occupational Employment and Wage Estimates for NAIC Code 541600, "Management, Scientific, and Technical Consulting Services" which lists a mean hourly wage of $43.71 for environmental scientists and geoscientists (occupational code 19-2040). In accordance with BLS News Release USDL-24-1863, September 10, 2024, Employer Costs for Employee Compensation—June 2024, we multiplied this rate by 1.42 which resulted in a fully burdened hourly rate of $62.07 (rounded).
* The cost estimate should be split into two components: (a) a total capital and start-up cost component (annualized over its expected useful life) and (b) a total operation and maintenance and purchase of services component. The estimates should take into account costs associated with generating, maintaining, and disclosing or providing the information (including filing fees paid for form processing). Include descriptions of methods used to estimate major cost factors including system and technology acquisition, expected useful life of capital equipment, the discount rate(s), and the time period over which costs will be incurred. Capital and start-up costs include, among other items, preparations for collecting information such as purchasing computers and software; monitoring, sampling, drilling and testing equipment; and record storage facilities.
* If cost estimates are expected to vary widely, agencies should present ranges of cost burdens and explain the reasons for the variance. The cost of purchasing or contracting out information collection services should be a part of this cost burden estimate. In developing cost burden estimates, agencies may consult with a sample of respondents (fewer than 10), utilize the 60-day pre-OMB submission public comment process and use existing economic or regulatory impact analysis associated with the rulemaking containing the information collection, as appropriate.
* Generally, estimates should not include purchases of equipment or services, or portions thereof, made: (1) prior to October 1, 1995, (2) to achieve regulatory compliance with requirements not associated with the information collection, (3) for reasons other than to provide information or keep records for the government, or (4) as part of customary and usual business or private practices.
We estimate that the total annual non-hour cost burden to respondents will be $26,630. This amount includes the final $1,630 application processing fee and $25,000 for solubility testing. We estimate that $25,000 is the average annual cost to contract out with companies that perform the tests and analyses required for approval of a nontoxic shot material.
We estimate the annual cost to the Federal Government to administer this information collection will be $3,507 (rounded) for salary costs.
To determine average annual salary costs, we used the Office of Personnel Management Salary Table 2024-DCB which lists the rate for a GS-13 (step 5) as $64.06. To account for benefits, we multiplied this rate by 1.61 in accordance with BLS News Release USDL-24-1863, resulting in a fully burdened rate of $103.14.
Total Salary
Annual Costs
Activity Hours ($103.14/hr)
Application Review and Consultation 9 $ 928.26
Prepare Draft Environmental Assessment and Final Rule 20 2,062.80
Prepare Final Environmental Assessment and Final Rule 5 515.70
Total: 34 $ 3,506.76
We are not reporting any program changes or adjustments.
We do not publish the results of this information collection.
We will display the OMB control number and expiration date on appropriate materials.
There are no exceptions to the certification statement.
File Type | application/vnd.openxmlformats-officedocument.wordprocessingml.document |
File Title | Supporting Statement for Paperwork Reduction Act Submission |
Author | Anissa Craghead |
File Modified | 0000-00-00 |
File Created | 2024-10-30 |