OMB files this
comment in accordance with 5 CFR 1320.11(c). This OMB action is not
an approval to conduct or sponsor an information collection under
the Paperwork Reduction Act of 1995. If OMB has assigned this ICR a
new OMB Control Number, the OMB Control Number will not appear in
the active inventory. For future submissions of this information
collection, reference the OMB Control Number provided. OMB is
withholding approval at this time. Prior to publication of the
final rule, the agency should provide a summary of any comments
related to the information collection and their response, including
any changes made to the ICR as a result of comments. In addition,
the agency must enter the correct burden estimates. This action has
no effect on any current approvals.
Inventory as of this Action
Requested
Previously Approved
36 Months From Approved
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0
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This Information Collection Request
(ICR) amendment covers the proposed revisions to the "Certification
of Pesticide Applicators" at 40 CFR Part 171, which regulates the
certification of applicators of restricted use pesticides (RUPs),
assuming that the proposed amendments become final. This ICR
estimates the incremental burden of the proposed changes not
already included in the currently approved ICR "Certification of
Pesticide Applicators" (OMB No: 2070-0029) covering the current 40
CFR Part 171. The existing regulation has provisions for states,
tribes, territories, and federal agencies that wish to certify
applicators to use RUPs to submit certification plans to EPA for
review and approval, and requirements to report on specific
information related to applicator certification activities
annually. The regulation has standards of competency for persons
who are certified to apply RUPs, as well as requirements related to
noncertified applicators who apply RUPs under the direct
supervision of certified applicators. In addition, it already
requires pesticide dealers to maintain records of RUP sales in
areas where EPA administers an applicator certification program.
EPA is proposing changes to the rule to improve the competency of
certified applicators of RUPs and noncertified applicators who
apply RUPs under the direct supervision of certified applicators.
Proposed changes to the rule include new and revised standards for
certification for commercial and private applicators, provisions
for recertification of applicators, and training for noncertified
applicators applying RUPs under the supervision of certified
applicators. The proposal also includes changes to improve the
clarity and organization of the rule and overall program operation.
The proposed changes to the regulation are intended to ensure that
all persons who use RUPs – i.e., private applicators, commercial
applicators, and noncertified applicators using RUPs under the
direct supervision of certified applicators – are competent to use
RUPs in a manner that will not result in unreasonable adverse
effects to themselves, others, or the environment. This amendment
ICR estimates the burden and costs of the proposed changes related
to information collection and includes: training for noncertified
applicators applying RUPs under the direct supervision of certified
applicators, recordkeeping of the noncertified applicator training,
recordkeeping of RUP sales by pesticide dealerships under
certification programs not administered by EPA, and costs to
states, territories, tribes, and federal agencies to revise
certification plans as needed to comply with the proposed
requirements.
The change in burden for the
total estimated respondent burden is a net increase of 1,853,118
hours. This increase in hours reflects the addition of proposed
programmatic changes. The baseline burden estimate is from the
draft renewal of current ICR, and includes updates of burden
estimates, including changes in the number of respondents and the
number of responses provided by those respondents whose
certification programs are directly overseen by EPA.
On behalf of this Federal agency, I certify that
the collection of information encompassed by this request complies
with 5 CFR 1320.9 and the related provisions of 5 CFR
1320.8(b)(3).
The following is a summary of the topics, regarding
the proposed collection of information, that the certification
covers:
(i) Why the information is being collected;
(ii) Use of information;
(iii) Burden estimate;
(iv) Nature of response (voluntary, required for a
benefit, or mandatory);
(v) Nature and extent of confidentiality; and
(vi) Need to display currently valid OMB control
number;
If you are unable to certify compliance with any of
these provisions, identify the item by leaving the box unchecked
and explain the reason in the Supporting Statement.