Certification of Pesticide Applicators (Final Rule)

Forms and Documents

Document Name	Status
2499ss02_attachF.docx Supplementary Document	2016-12-19
2499ss02_attachE-appB.docx Supplementary Document	2016-12-19
2499ss02_attachE-appA.docx Supplementary Document	2016-12-19
2499ss02_attachE.docx Supplementary Document	2016-12-19
2499ss02_attachD.pdf Supplementary Document	2016-12-19
2499ss02_attachC.pdf Supplementary Document	2016-12-19
2499ss02_attachB.pdf Supplementary Document	2016-12-19
2499ss02_attachA.docx Supplementary Document	2016-12-19
2499ss02.docx Supporting Statement A	2016-12-19

IC Document Collections

IC ID	Document Title	Status
217977	RUP Sales Recordkeeping (under State plans)	Modified
217976	Training of Noncertified Applicators under the Supervision of Certified Applicators (Trainees)	Removed
217975	Training of Noncertfied Applicators (Private Applicators)	Modified
217973	Noncertified Applicator Training and RecordKeeping (Commercial Applicators)	Modified
217972	Revision of Other Authorized Agency Certification Plans (Federal Agencies, Territories, and Tribes)	Modified
217971	Revision of State Certification Plans	Modified
217970	Rule Familiarization (Private Entities)	Modified
217968	Rule Familiarization (Authorized Agencies)	Modified

ICR Details

OMB Control No: 2070-0196	ICR Reference No: 201612-2070-002
Status: Active	Previous ICR Reference No: 201508-2070-002
Agency/Subagency: EPA/OCSPP	Agency Tracking No: 2499.02
Title: Certification of Pesticide Applicators (Final Rule)
Type of Information Collection: New collection (Request for a new OMB Control Number)	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Approved without change	Conclusion Date: 08/01/2018
	Date Received in OIRA: 01/17/2017
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	08/31/2021	36 Months From Approved
Responses	4,260,130	0	0
Time Burden (Hours)	2,280,849	0	0
Cost Burden (Dollars)	0	0	0

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Abstract: 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.

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Authorizing Statute(s): US Code: 7 USC 136 Name of Law: FIFRA
  

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
2070-AJ20	Final or interim final rulemaking	82 FR 952	01/04/2017

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Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	80 FR 51356	08/24/2015
Did the Agency receive public comments on this ICR? Yes

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Number of Information Collection (IC) in this ICR: 7

IC Title	Form No.	Form Name
Rule Familiarization (Authorized Agencies)
Rule Familiarization (Private Entities)
Revision of State Certification Plans
Revision of Other Authorized Agency Certification Plans (Federal Agencies, Territories, and Tribes)
Noncertified Applicator Training and RecordKeeping (Commercial Applicators)
Training of Noncertfied Applicators (Private Applicators)
RUP Sales Recordkeeping (under State plans)
Training of Noncertified Applicators under the Supervision of Certified Applicators (Trainees)

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ICR Summary of Burden

	Total Approved	Previously Approved	Change Due to New Statute	Change Due to Agency Discretion	Change Due to Adjustment in Estimate	Change Due to Potential Violation of the PRA
Annual Number of Responses	4,260,130	0	0	4,260,130	0	0
Annual Time Burden (Hours)	2,280,849	0	0	2,280,849	0	0
Annual Cost Burden (Dollars)	0	0	0	0	0	0

Burden increases because of Program Change due to Agency Discretion: Yes

Burden Increase Due to: Changing Regulations

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement: 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.

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Annual Cost to Federal Government: $427,155

Does this IC contain surveys, censuses, or employ statistical methods? No

Does this ICR request any personally identifiable information (see OMB Circular No. A-130 for an explanation of this term)? Please consult with your agency's privacy program when making this determination.     No

Does this ICR include a form that requires a Privacy Act Statement (see 5 U.S.C. §552a(e)(3))? Please consult with your agency's privacy program when making this determination.     No

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? No

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? No

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? No

Is this ICR related to the Pandemic Response? Uncollected

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Common Form ICR:  No

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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:

(a) It is necessary for the proper performance of agency functions;

(b) It avoids unnecessary duplication;

(c) It reduces burden on small entities;

(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;

(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;

(f) It indicates the retention periods for recordkeeping requirements;

(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:

(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;

(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.

(i) It uses effective and efficient statistical survey methodology (if applicable); and

(j) It makes appropriate use of information technology.

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.

Certification Date: 01/17/2017

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