Attachment G-5: Consultation - Sysco

EPA Questions Asked in Consultation for the 6 (a) (2) ICR:

Name __Jason Castroman__________, Company____Sysco Corporation____

Date___2/18/2014_____________, e-mail address __Castroman.Jason@corp.sysco.com____

(1) Publicly Available Data

1. Is the data that the Agency seeks available from any public source, or already collected by another office at EPA or by another agency?

Some of them are reported to other agencies and some of them are not. For example, an incident report and detailed information would be sent to the FDA or USDA if a pesticide were to contaminate or cause injury to human or animal food (the agency would be determined by the specific food). Another example would be if there is a complaint of an employee stating that there are unsafe work conditions, or that there are no MSDS sheets available for their bleach cleaner. This COULD be reported to OSHA. “Could” is emphasized since this is the source of our complaints and a number of them do not contact a regulatory action given that they failed to follow directions on the label, took the product home, mixed the product with another product, or drank the product. So ultimately for uniformity I would say that I do not have a problem in reporting them to the EPA, I would probably include a note stating the other agency’s involvement.

2. If yes, where can you find the data? (Does your answer indicate a true duplication, or does the input indicate that certain data elements are available, but that they don’t meet our data needs very well?)

(2) Frequency of Collection

1. Can the Agency collect the information less frequently and still produce the same outcome?

I think that minor events can be collected yearly and major events quarterly. Possibly rate a class of pesticides as high risk or new registrants required monthly?

(3) Clarity of Instructions

1. The ICR is intended to require that respondents provide certain data so that the Agency can utilize them.

This is clear.

2. Based on the instructions (regulations, PR Notices, etc.), is it clear what you are required to do and how to submit such data? If not, what suggestions do you have to clarify the instructions?

Maybe it is the way I printed the regulations, but then I expected to see the submission instructions on page 49372 rather than 49390.

3. Do you understand that you are required to maintain records?

Not really. Since the last clause of the last sentence states, “therefore has eliminated this requirement entirely.” In addition, having a beginning sentence that is vague generalizations, “most types.” Simply state the requirement if there is one. A short, separate note can be added to the bottom of this section explaining how the record keeping requirements were reached – “series of three”, etc.; however, in my opinion, it will probably just cause confusion and would be better placed in guidance material than a Final Rule.

4. Considering that there is no required submission format, is it difficult to submit information in ways that are clear, logical and easy to complete?

No – We have a third party provided and we have developed a form.

5. Regarding the Voluntary Incident Reporting Forms, do you use them? Are they clear, logical, and easy to complete?

Yes and Yes.

(4) Electronic Reporting and Record keeping

The Government Paperwork Elimination Act requires agencies make available to the public electronic reporting alternatives to paper-based submissions by 2003, unless there is a strong reason for not doing so. The U.S. E.P.A. Office of Pesticide Programs has a program for electronic study submissions, and is currently developing plans for systems to support electronic incident reporting. The Agency is also concerned to protect FIFRA CBI as well as personal information.

1. What do you think about electronic alternatives to paper-based records and data submissions? Current electronic reporting alternatives include the use of web forms/XML based submissions via the Agency’s Internet site and magnetic media-based submissions, e.g., diskette, CD-ROM, etc. Would you be interested in pursuing electronic reporting? Are you keeping your records electronically? If yes, in what format?

1. Would you be more inclined to submit CBI on diskette, CD, or DVD, or via web rather than on paper?

This electronic conversion NEEDS to happen! Submitting it by web via an excel or csv attachment would be our preference.

2. What benefits would electronic submission bring you in terms of burden reduction or greater efficiency in compiling the information?

Time savings and Cost savings.

I no longer have to:

1. Find the Report

2. Open the Report

3. Print the Report.

4. Find the Cover Letter

5. Open the Cover Letter

6. Change Aspects of Template Cover Letter, such as Month, Year, Number of incidents

7. Print out a cover Letter

8. Verify Report for accuracy

9. Sign the Cover Letter

10. Send the Report and Cover Letter First Class letters with priority tracking.

Instead, I only have to:

1. Find the report

2. Open the Report

3. Review Report for Accurancy

4. Upload Report

5. Burden and Costs – NA – Third party and different depart handles costs.

1. Are the labor rates accurate?

Sysco only has one item and one individual is responsible for reporting; however, Sysco pays a third party, PROSAR, that prepares a majority of the of the reporting for our review. Sysco pays them Quarterly and Annually. This fee ends up being as if the Manager was performing the entire process.

2. The Agency assumes there is no capital cost associated with this activity. Is that correct?

Yes, unless you consider the annual fee for PROSAR as a capital cost.

3. Bearing in mind that the burden and cost estimates include only burden hours and costs associated with the paperwork involved with this ICR, e.g., the ICR does not include estimated burden hours and costs for conducting studies, are the estimated burden hours and labor rates accurate? If you provide burden and cost estimates that are substantially different from EPA’s, please provide an explanation of how you arrived at your estimates.

For our company, only one person is responsible for reviewing the report and submitting the information and handing the compliant when they do arrive. As a result, I would combine the Clerical and the Clerical together, but then the totals are fairly accurate.

4. Are there other costs that should be accounted for that may have been missed?

No

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