ii. Final rule. EPA is adding the term ``Indian country'' with the
definition as proposed.
    iii. Comments and responses. See Unit XVII. for a complete
discussion of comments and EPA's consideration of the definition of
``Indian country'' in conjunction with the options for establishing a
certification program in Indian country.
    20. Indian Tribe or Tribe. i. Existing rule and proposal. The term
``Indian Tribe'' is not defined in the existing rule. EPA proposed to
define ``Indian Tribe'' or ``Tribe'' to mean ``any Indian or Alaska
Native Tribe, band, nation, pueblo, village, or community included in
the list of Tribes published by the Secretary of the Interior pursuant
to the Federally Recognized Indian Tribe List Act.''
    ii. Final rule. EPA is finalizing the definition as proposed.
iii. Comments and Responses
    Comment. One commenter requested that EPA omit the definition of
Indian Tribe in the final rule.
    Response. EPA disagrees with the commenter's request to omit the
definition. The commenter did not propose a rationale for omitting the
definition or alternatives.
    21. Mishap. i. Existing rule and proposal. In the existing rule,
the term mishap is not defined, but a similar term, ``accident,'' is
defined to mean ``an unexpected, undesirable event, caused by the use
or presence of a pesticide, that adversely affects man or the
environment.'' EPA proposed to replace

the term ``accident'' with ``mishap,'' defined to mean ``an event that
may adversely affect man or the environment and that is related to the
use or presence of a pesticide, whether the event was unexpected or
intentional.''
    ii. Final rule. The final rule retains the term ``mishap,'' but
omits ``may'' from ``may adversely affect.'' The final definition is
``an event that adversely affects man or the environment and that is
related to the use or presence of a pesticide, whether the event was
unexpected or intentional.''
iii. Comments and Responses
    Comments. A number of certifying authorities noted that the
definition of ``accident'' is when an adverse event has occurred, while
the proposed definition of ``mishap'' would include an adverse event
may have occurred. Instead of using and defining the term ``mishap,''
the commenters requested that EPA retain the term ``accident'' as
currently defined in 40 CFR 171. Furthermore, one commenter stated that
``mishap'' appears to be unique to 40 CFR 171. Commenters argued that
the new term is unnecessary, could be confused with similar terms
already used (e.g., ``incident'') and is inconsistent with terminology
used for pesticide incidents or events. The commenter urged EPA to
remove this term, or to revise it to be consistent with existing
definitions in the majority of certifying authorities' statutes and
regulations.
    Response. EPA agrees with commenters that the word ``may'' does not
belong in the definition, as the term mishap is intended to encompass
events that do adversely affect man or the environment, not events that
may adversely affect them. The term ``accident'' usually connotes an
unintentional event, but ``mishap'' encompasses both intentional and
unintentional events. EPA believes the broader term is appropriate as
used in this rule.
    22. Non-target organism. i. Existing rule and proposal. In the
existing rule, ``non-target organism'' means ``a plant or animal other
than the one against which the pesticide is applied.'' EPA proposed to
redefine ``non-target organism'' to mean ``any plant, animal or other
organism other than the target pests that a pesticide is intended to
affect.''
    ii. Final rule. EPA is finalizing the definition as proposed.
    23. Noncertified applicator. i. Existing rule and proposal. In the
existing rule, ``uncertified applicator'' means ``any person who is not
holding a currently valid certification document indicating that he is
certified under section 11 of FIFRA in the category of the restricted
use pesticide made available for use.'' EPA proposed to replace
uncertified applicator with noncertified applicator, defined as ``any
person who is not certified in accordance with this part to use or
supervise the use of restricted use pesticides in the pertinent
jurisdiction, but who is using restricted use pesticides under the
direct supervision of a person certified as a commercial or private
applicator in accordance with this part.''
    ii. Final rule. In the final rule, EPA is deleting ``uncertified
applicator'' and revising the proposed definition of ``noncertified
applicator'' to add the phrase ``in the category appropriate to the
type of application being conducted.'' In the final rule,
``noncertified applicator'' means ``any person who is not certified in
accordance with this part to use or supervise the use of restricted use
pesticides in the category appropriate to the type of application being
conducted in the pertinent jurisdiction, but who is using restricted
use pesticides under the direct supervision of a person certified as a
commercial or private applicator in accordance with this part.'' The
change in the definition from the proposal to the final rule was made
because a person who is a certified applicator in one category, such as
turf and ornamental, would be a noncertified applicator if involved in
the application of an RUP in a different category, such as industrial,
institutional and structural pesticide control, and therefore would
have to work under the supervision of a certified applicator.
    24. Ornamental. i. Existing rule and proposal. In the existing
rule, ``ornamental'' means ``trees, shrubs, and other plantings in and
around habitations generally, but not necessarily located in urban and
suburban areas, including residences, parks, streets, retail outlets,
industrial and institutional buildings.'' EPA proposed to redefine the
term ``ornamental'' to mean ``trees, shrubs, flowers, and other
plantings intended primarily for aesthetic purposes in and around
habitations, buildings, and surrounding grounds, including residences,
parks, streets, and commercial, industrial, and institutional
buildings.''
    ii. Final rule. EPA is finalizing the definition as proposed.
    25. Personal protective equipment. i. Existing rule and proposal.
In the existing rule, ``protective equipment'' means ``clothing or any
other materials or devices that shield against unintended exposure to
pesticides.'' EPA proposed to replace ``protective equipment'' with
``personal protective equipment'' and define it to mean ``devices and
apparel that are worn to protect the body from contact with pesticides
or pesticide residues, including but not limited to, coveralls,
chemical-resistant suits, chemical-resistant gloves, chemical-resistant
footwear, respirators, chemical-resistant aprons, chemical-resistant
headgear, and protective eyewear.''
    ii. Final rule. EPA is finalizing the definition of ``personal
protective equipment'' as proposed.
    26. Principal place of business. i. Existing rule and proposal. In
the existing rule, ``principal place of business'' means ``the
principal location, either residence or office, in the State in which
an individual, partnership, or corporation applies pesticides.'' This
definition only applies to dealers, dealerships and transactions in
States or on Indian Reservations where EPA directly administers a
pesticide applicator certification program. EPA proposed to redefine
``principal place of business'' to mean ``the principal location,
either residence or office, where a person conducts a business of
applying restricted use pesticides. A person who applies restricted use
pesticides in more than one State or area of Indian country may
designate a location within a State or area of Indian country as its
principal place of business for that State or area of Indian country.''
    ii. Final rule. EPA is finalizing the proposed definition with one
revision to replace ``business of applying RUPs'' with ``business that
involves the use of RUPs.'' The final definition is ``Principal place
of business means the principal location, either residence or office,
where a person conducts a business that involves the use of restricted
use pesticides. A person who applies restricted use pesticides in more
than one State or area of Indian country may designate a location
within a State or area of Indian country as its principal place of
business for that State or area of Indian country.''
    27. Regulated pest. i. Existing rule and proposal. In the existing
rule, ``regulated pest'' means ``a specific organism considered by a
State or Federal agency to be a pest requiring regulatory restrictions,
regulations, or control procedures in order to protect the host, man
and/or his environment.'' EPA proposed to revise the definition of
``regulated pest'' to ``a particular species of pest specifically
subject to Tribal, State or Federal regulatory restrictions,
regulations, or control procedures

intended to protect the hosts, man and/or the environment.''
    ii. Final rule. EPA is finalizing the definition as proposed.
    28. Restricted use pesticide. i. Existing rule and proposal. In the
existing rule, ``restricted use pesticide'' is defined as ``a pesticide
that is classified for restricted use under the provisions of section
3(d)(1)(C) of the Act.'' EPA proposed to revise the definition of
``restricted use pesticide'' to be ``a pesticide that is classified for
restricted use under the provisions of FIFRA section 3(d).''
    ii. Final rule. In the final rule, EPA is revising the definition
of ``restricted use pesticide'' to be more complete. The definition in
the final rule is ``restricted use pesticide'' means ``a pesticide that
is classified for restricted use under the provisions of section 3(d)
of FIFRA and 40 CFR part 152, subpart I.''
    29. Restricted use pesticide retail dealer. i. Existing rule and
proposal. In the existing rule ``restricted use pesticide dealer''
means ``any person who makes available for use any restricted use
pesticide, or who offers to make available for use any such
pesticide.'' EPA proposed to replace ``restricted use pesticide
dealer'' with ``restricted use pesticide retail dealer'' and to define
it to mean ``any person who distributes or sells restricted use
pesticides to any person, excluding transactions solely between persons
who are pesticide producers, registrants, wholesalers, or retail
sellers, acting only in those capacities.''
    ii. Final rule. EPA is finalizing the definition as proposed.
iii. Comments and Responses
    Comments. A few certifying authorities supported the inclusion of a
restricted use pesticide retail dealer definition, and recommended
clearer wording, such as ``means any person who is engaged in the
business of distributing, selling, offering for sale, or holding for
sale restricted use pesticides for distribution directly to users.''
One certifying authority offered as an alternative definition, ``any
person who is engaged in the wholesale or retail sale of restricted use
pesticides.''
    Response. EPA is finalizing the proposed definition. The phrase
``distribute or sell'' is defined in FIFRA, 7 U.S.C. 136(gg), and
includes all of the activities in the first suggested definition as
well as others, so it is more clear for the definition to use the
language from FIFRA. The final definition correctly excludes certain
transactions, which could be included in ``wholesale or retail sale''
of RUPs.
    30. Toxicity. i. Existing rule and proposal. In the existing rule,
the term ``toxicity'' means ``the property of a pesticide to cause any
adverse physiological effects.'' EPA proposed to redefine ``toxicity''
to mean ``the property of a pesticide that refers to the degree to
which the pesticide and its related derivative compounds are able to
cause an adverse physiological effect on an organism as a result of
exposure.''
    ii. Final rule. EPA is revising this definition to be ``toxicity''
means ``the property of a pesticide that refers to the degree to which
the pesticide, and its degradates and metabolites, are able to cause an
adverse physiological effect on an organism.''
    31. Under the direct supervision of. i. Existing rule and proposal.
In the existing rule at Sec.  171.2(a)(28) EPA defines the term ``under
the direct supervision of'' to mean the act or process whereby the
application of a pesticide is made by a competent person acting under
the instructions and control of a certified applicator who is
responsible for the actions of that person and who is available if and
when needed, even though such certified applicator is not physically
present at the time and place the pesticide is applied. ``Direct
supervision'' is not defined in the existing or proposed rules.
    ii. Final rule. EPA is deleting ``under the direct supervision of''
and is not codifying a definition of the term ``direct supervision'' in
the final rule.
iii. Comments and Responses
    Comments. EPA received comments from two certifying authorities.
One commenter requested a definition for ``direct supervision'' and
suggested that the term ``under the direct supervision of'' be defined
to mean ``the act or process whereby the application of a pesticide is
made by a competent person acting under the instructions and control of
a certified applicator who is responsible for the actions of that
person and who is available if and when needed, even though such
certified applicator is not physically present at the time and place
the pesticide is applied.'' Another commenter noted that their State
definition of direct supervision differs from the federal in that the
State requires the physical presence of a certified applicator within
line of sight or hearing distance of a non-certified applicator using
RUPs in a private application setting or any category pesticide in a
commercial application setting.
    Response. EPA appreciates the interest from commenters, but EPA's
discretion to interpret ``under the direct supervision of a certified
pesticide applicator'' is constrained by FIFRA section 2(e)(4), which
provides that ``unless otherwise prescribed by its labeling, a
pesticide shall be considered to be applied under the direct
supervision of a certified applicator if it is applied by a competent
person acting under the instructions and control of a certified
applicator who is available if and when needed, even though such
certified applicator is not physically present at the time and place
the pesticide is applied.'' Because of this statutory definition, it is
not necessary to define either term in the final rule.
    32. Use. i. Existing rule and proposal. The existing rule does not
define ``use''. EPA proposed to define ``use'' as in ``to use a
pesticide'' means any of the following:
    (a) Pre-application activities involving mixing and loading the
pesticide.
    (b) Applying the pesticide, including, but not limited to,
supervising the use of a pesticide by a noncertified applicator.
    (c) Other pesticide-related activities, including, but not limited
to, transporting or storing pesticide containers that have been opened,
cleaning equipment, and disposing of excess pesticides, spray mix,
equipment wash waters, pesticide containers, and other pesticide-
containing materials.
    ii. Final rule. The final rule differs from the proposed definition
in that it omits the proposed pre-application activities except for
mixing and loading and adjusts the wording of paragraph (c) to be
consistent with the description of ``other pesticide-related
activities'' in the WPS definition of use in 40 CFR 170.305. The final
definition is: Use, as in ``to use a pesticide'' means ``any of the
following:
    (a) Pre-application activities involving mixing and loading the
pesticide.
    (b) Applying the pesticide, including, but not limited to,
supervising the use of a pesticide by a noncertified applicator.
    (c) Other pesticide-related activities, including, but not limited
to, transporting or storing pesticide containers that have been opened,
cleaning equipment, and disposing of excess pesticides, spray mix,
equipment wash waters, pesticide containers, and other pesticide-
containing materials.''
iii. Comments and Responses
    Comments. Many certifying authorities, organizations of certifying
authorities, some applicator organizations, farm bureaus, and
university extension programs commented on the definition of ``use''.
All commenters were opposed to the

proposed definition. Many commenters addressed consequences of the
change, while others offered suggestions to change the definition.
    Many commenters argued the definition of ``use'' was too broad and
expansive. A few commenters expressed concern that certifying
authorities would have to change their definition of ``use'' in their
law, or it could be outside of the scope of their charter. There was
some concern on the part of one commenter about the impacts to
certifying authorities' staff time and resources to make such changes
since the definition change has far reaching implications involving
other elements of a regulatory program. Another commenter asked whether
EPA would expand the label instructing ``users'' on how to perform the
listed pre- and post-application activities like arranging for the
application and cleaning equipment and whether the definition of
``misuse'' would be redefined to correspond with the new definition of
``use''. Another commenter contended that in some States the definition
would apply equally to users of restricted and non-RUPs. As a result,
it would be unmanageable to enforce pre- or post-use requirements of
non-restricted pesticide use, on individuals who are not required by
certifying agencies to be licensed or to maintain records.
    A number of commenters argued that the proposed definition of `use'
should be limited to activities where an individual has the potential
for exposure to pesticides, specifically the actions involved in the
application or direct handling (i.e., mixing, loading, dispersing and
disposing) of pesticides. One commenter asked that the definition
include only individuals involved in the actual application. Some
commenters contend that the written definition should specifically
exclude all activities that cannot or do not lead to direct exposure to
the pesticide product itself, pesticide containers, or pesticide
residues.
    Many commenters took issue with the inclusion of most pre-
application activities in the proposed definition. One commenter
contended that including pre-application decisions or activities in the
term ``use'' is not consistent with how this term is used in other
parts of FIFRA, especially where ``use inconsistent with the label'' is
perhaps the most frequently-used violation used for enforcement
purposes. 7 U.S.C. 136j. Many pesticide applicator organizations, some
certifying authorities, university extension programs and farm bureaus,
and a couple of certifying authority organizations were strongly
opposed to including ``arranging for the application of a pesticide''
in the definition. One commenter believes that in States where the
``end user'' is responsible for the proper use of the pesticide, some
of the activities in the proposed definition (i.e., arranging for the
application of the pesticide) may not be conducted by the end user and
may therefore be unenforceable by the State. Commenters argued that
arranging for the application involves individuals who may never come
into contact with an RUP, such as truckers, staff at a pest control
firm, consultants, sales staff, veterinarian clinical staff,
entomologists, arborists, farmers who hire pesticide applicators and
homeowners. Generally, such pre-application activities are not
referenced on the pesticide product label. Instead, commenters stated
that ``use'' should only refer to activities listed in existing label
language under directions for use. Also, it would be difficult to
enforce and costly to investigate violations for each instance of a
pesticide application.
    Some commenters thought post-application activities would also be
difficult to comply with and enforce, such as transporting open
containers. It is unclear what part of ``transportation'' is being
addressed and the use violation EPA is trying to prevent. As is, the
scope of the definition would include anyone who is cleaning equipment,
simply storing pesticide containers that have been opened or even
washing shovels used in spill cleanup. One commenter opposed the
inclusion of post-application activities of transporting opened
containers, and disposing of equipment wash water and other materials
contaminated with pesticides.
    Commenters disliked other parts of the definition of ``use.''
Specifically, some were against including responsibilities related to
providing training, a copy of a label and use-specific instructions to
noncertified applicators. They explained that trainers, industry
experts, and corporate partners would have to become certified
applicators of RUPs. One commenter asserted that only certified
applicators could train noncertified applicators if training was part
of ``use.'' One commenter opposed a reference to the WPS in the
definition. Another commenter argued that including ``disposal of waste
water'' in the definition of use would require facilities to make
modifications and that this requirement was not considered in the EPA's
assessment of financial impact. In addition, one applicator association
argued that properly rinsed containers and properly cleaned equipment
should not be included within the term ``use'' because the contaminants
have been removed. One commenter opposed use of the phrase ``including,
but not limited to'' in the proposed definition of ``use'' because it
is open to interpretation by a regulator, trainer and applicator and
makes it difficult to comply with and enforce.
    Suggestions to change the definition were offered by some
certifying authorities and their organization, some university
extension programs, and a few worker/handler advocacy organizations.
These commenters mostly favored including broad activities directly
related to the application or handling of pesticides. Similarly, some
commenters argued that the definition of ``use'' should include
activities related to handling open or empty containers, following
label directions, disposing of rinsate or leftover pesticides and
similar activities, and the direct application of pesticides, and
should not include any other handling procedures related to the
pesticide. One State suggested their definition of ``use'' which
includes the ``loading, transport, storage or handling after
manufacturer's seal is broken . . .'' One commenter suggested broadly
defining ``use'' such as ``. . . the application of a pesticide in the
production of agricultural crops or other purposes by a pesticide
applicator.''
    Response. In response to commenters' concerns, EPA revised the
final definition of ``use'' so it is not as broad or far reaching as
the proposed definition. The final definition limits the pre-
application activities to mixing and loading the pesticide rather than
the longer list of activities included in the proposed definition and
in the WPS definition. EPA generally agrees with commenters that
activities such as arranging for the pesticide application do not have
to be done by a certified applicator or a noncertified applicator
working under their supervision.
    The final definition retains the proposed activities regarding
opened containers, cleaning equipment and disposal but changes the
heading to ``Other pesticide-related activities'' and revising the
wording to be consistent with the WPS definition. Transporting and
storing opened containers, and disposal of pesticides and pesticide
containers are all part of the core standards of competency for
private, commercial and noncertified applicators as safety measures to
avoid or minimize adverse health effects. While not in the competency
standards, the activities of cleaning equipment and disposing of
equipment wash waters may expose the persons engaging in those
activities to pesticides and their residues.

    Commenters who are concerned about any possible inconsistencies
between the federal and certifying authorities' definition of ``use''
are reminded that in the context of this rule, ``use'' is associated
with RUPs only. Certifying authorities that currently do not
distinguish between RUP and non-RUP applicators may reconsider whether
such a distinction is more appropriate in the context of this final
rule.
    EPA appreciates the suggested changes to phrases used in the
proposed definition. However, EPA does not agree that the suggested
phrase ``after the manufacturer's seal is broken'' is substantially
different from the phrase in the definition ``containers that have been
opened''. Both can refer to either containers that are open or
containers that have been opened and closed by the user, but are no
longer in the same condition as at the time of purchase. EPA has chosen
to retain the language ``containers that have been opened''. The
definition suggested by another commenter, ``the application of a
pesticide in the production of agricultural crops or other purposes by
a pesticide applicator'' is too general and does not encompass mixing,
loading or the other-pesticide related activities that present exposure
concerns. EPA maintains that the final definition sufficiently and
adequately includes the main activities of applicators in the
application and handling of pesticides, and their residues and
containers that present significant concerns for exposure and risk to
users, the public, and the environment.
    The final definition of ``use'' retains the phrase ``including but
not limited to'', because it is neither necessary nor practical to
specify every aspect of pesticide use that is addressed--or could in
the future be addressed--on pesticide labeling.
    33. Use-specific instructions. i. Existing rule and proposal. The
existing rule does not define the term ``use-specific instructions''.
EPA proposed to define ``use-specific instructions'' to mean ``the
information and requirements specific to a particular pesticide product
or work site that are necessary in order for an applicator to use the
pesticide in accordance with applicable requirements and without
causing unreasonable adverse effects.''
    ii. Final rule. In the final rule, EPA is revising the definition
by replacing ``that are necessary in order for an applicator to'' with
``that a user needs in order to.'' The definition of ``use-specific
instructions'' is ``the information and requirements specific to a
particular pesticide product or work site that a user needs in order to
use the pesticide in accordance with applicable requirements and
without causing unreasonable adverse effects.''

B. Restructuring of 40 CFR Part 171

    1. Existing rule and proposal. The existing rule is a single part
with no subparts. The first sections (40 CFR 171.1 through 171.6)
describe the standards for commercial and private applicators, and the
requirements for persons working under the direct supervision of a
certified applicator; they also include definitions and a statement of
purpose. The second half of the existing rule (40 CFR 171.7 through
171.11) describes the procedures for States, Tribes, Federal agencies,
and EPA to administer certification programs. The existing rule has a
section titled ``Government Agency Plan'' describing a certification
plan covering the entire Federal government that has not been developed
or implemented.
    EPA proposed to reorganize the rule into four subparts: ``General
Provisions''--scope, definitions and effective date, ``Certification
Requirements for Applicators of Restricted Use Pesticides''--all
standards for the certification and recertification of commercial and
private applicators, ``Supervision of Noncertified Applicators''--all
relevant standards for the certified applicator and the noncertified
applicator using RUPs under his or her direct supervision, and
``Certification Plans''--requirements for States, Tribes and Federal
agencies to submit and modify their certification plans, as well as a
description of an EPA-administered applicator certification plan.
    2. Final rule. EPA is adopting the new structure as proposed.
    3. Comment and response. EPA received one comment expressing
general support for proposal to restructure the rule. EPA is codifying
the proposed restructuring scheme.

XX. Implementation

A. Proposal

    EPA proposed to make the final rule effective 60 days after the
final rule is published in the Federal Register. EPA proposed to
require States, Tribes, and Federal agencies administering EPA-approved
certification plans to submit amended certification plans to EPA for
approval within two years of the effective date of the final rule. EPA
proposed to review and respond to all certification plans submitted
within 2 years. Therefore, EPA proposed to allow existing certification
plans to remain in effect for up to four years from the effective date
of the final rule. After four years, a State, Tribe, Federal agency,
and EPA would be permitted to certify applicators of RUPs only if they
have an EPA-approved certification plan that meets or exceeds all of
the applicable requirements of the final rule. The proposal included a
provision allowing existing certification plans to remain in effect
until EPA approved the revised certification plan if the certifying
authority had submitted the plan to EPA but EPA had not completed its
review of the plan within the proposed timeframe.

B. Final Rule

    The final rule is effective 60 days after the date the rule is
published in the Federal Register, March 6, 2017, as proposed. The
final rule adjusts the proposed implementation timeframe to provide
certifying authorities additional flexibility. Existing certification
plans approved by EPA before the effective date of the rule will remain
in effect until three years after the effective date of the final rule;
if a certifying authority submits an amended certification plan to EPA
for approval within three years of the effective date of the final
rule, its existing certification plan will remain in effect until EPA
has reviewed and responded to the amended certification plan, but no
longer than two more years, unless EPA authorizes further extension in
its approval of an amended certification plan. In its approval of an
amended certification plan, EPA will specify how much longer the
existing plan may remain in effect while the certifying authority
prepares to implement its amended certification plan. EPA will base
each certifying authority's implementation period on the particular
circumstances of that jurisdiction, but anticipates that most
certifying authorities will be allowed two years from the date of EPA
approval to implement the plan.
    There are currently two EPA-administered certification plans, the
EPA Plan for Federal Certification of Applicators of Restricted Use
Pesticides Within Indian Country and the Federal Plan for Certifying
Applicators in Navajo Indian Country. EPA intends to revise these plans
to conform to the final rule no later than the dates applicable to
existing plans in 171.5, and these plans will remain in effect
consistent with 171.5.

C. Comments and Responses

    Comments. Two certifying authorities supported the proposed
timeline. Many other States, certifying authority associations,
university extension

programs, Tribes, some applicator associations, a farm bureau and few
individuals opposed the proposed schedule and requested more time to
submit certification plans, to allow for regulatory changes, and to
implement the changes. Commenters contended it would take a tremendous
amount of time and resources to make legislative and regulatory
changes. According to a survey of certifying authorities by their
associations, 34% of all certifying authorities indicated that they
would need to revise regulations while 64% would have to revise both
laws and regulations. Many certifying authorities explained their
process and estimated timelines for making such changes, demonstrating
a tremendous variety in timeframes and process among all programs. Some
examples of steps in certifying authorities' processes that would make
it difficult to revise the certification plan in the proposed
timeframe:
     Engage in local legislative initiatives
     Hold public hearings
     Have final statutory and regulatory changes in place
before submitting the revised certification plan to EPA
     Engage legislature on statutory revisions, which can
require multiple exchanges; some legislatures meet on a biennial
schedule so revised statutes take 2 years to enact.
    Some commenters were concerned that opening up statutes and
regulations would increase the possibility of other changes being
introduced. In all, comments demonstrated the complex nature of
legislative and regulatory change that would be necessary to implement
revised certification plans.
    Certifying authorities also commented that EPA's plan to develop
and provide training materials and exams to support implementation
would not relieve them of the burden and many resources needed to
implement changes.
    Many certifying authorities and their organizations emphasized that
EPA underestimated the amount of resources in staff and time to
coordinate and implement legislative and regulatory change.
    Commenters requested that EPA articulate in the final rule that
during the entire period for certification plan development and
submission, and during EPA's review of submitted plans, there will be
open and transparent negotiations with the certifying authorities.
These commenters asserted that without such a discussion, certifying
authorities would have a much harder time convincing the elected
officials that the federal rule is warranted. Commenters also requested
that EPA include in the final rule a clear and understandable outline
showing the expected process by which the certifying authority and EPA
will work toward a mutually acceptable outcome. Commenters also raised
questions about the consequences to the certifying authority if EPA
cannot accept the revised certification plan.
    Responses. EPA recognizes that implementing the final rule will
require cooperation with each certifying authority. EPA intends to
engage in open and transparent discussions and negotiations with
certifying authorities as they develop revised certification plans and
during EPA's review of the revised certification plans to ensure the
certifying authority has adequate feedback to develop and submit a plan
that EPA can approve and that meets the needs of the certifying
authority. The submission, review, and negotiation process will involve
the certifying authority, appropriate EPA Regional office (for States
and Tribes), and EPA's Office of Pesticide Programs. EPA will establish
an internal workgroup with participants from EPA headquarters and
Regional offices for the review of certification plans that will
provide nationally-consistent oversight and guidance, and answer any
questions that arise during the process.
    EPA recognizes that certifying authorities and pesticide safety
education programs will need to devote resources to additional
training, manual development, exam development and review, exam
administration, and other services that support certification and
education of pesticide applicators in conformance with the final rule.
EPA will continue to give priority to funding the States and Tribes for
these programs through the State and Tribal Assistance Grants program.
In addition, EPA is committed to working with the States and Tribes to
provide resources and assistance to alleviate burdens as EPA's budget
allows, such as by supporting development of training materials and
exams that can be adopted in whole or part by States and Tribes for use
in certification and training programs. Further, EPA will continue to
provide funding to pesticide safety education programs from service
fees collected under the Pesticide Registration Improvement Act and
subsequent reauthorizations. Under the existing law, EPA must commit at
least $500,000 of the funds collected by EPA related to pesticide
registration-related actions to support the pesticide safety education
program.
    In response to commenters' concerns, EPA has adopted a final rule
with options for more flexible time frames. The final rule lengthens
the time for certifying authorities to submit revised plans and allows
EPA discretion to grant certifying authorities more or less than two
years to implement newly approved plans. Certifying authorities will
have three years to revise and submit their certification plans.
    The final rule adds a provision to grant conditional approval of
certification plans. Certifying authorities unable to complete
necessary legislative and regulatory changes before submitting their
new certification plan would be allowed to submit a draft plan
conditioned upon those changes becoming effective. EPA expects
certifying authorities to submit a written request for conditional
approval with a justification and anticipated time frame. EPA will
grant conditional approvals to certifying authorities in writing.
    When EPA approves a plan, conditionally or unconditionally, it will
establish and implementation schedule specific to that approved plan.
EPA anticipates that most certifying authorities will be allowed two
years from the date of EPA approval to implement the plan, but may set
shorter or longer implementation periods as circumstances warrant. EPA
will develop a process for certifying authorities to follow when
submitting a draft or final certification plan and notifying EPA of
final implementation.
    In response to commenters' questions about the status of a
certification program if EPA does not approve the revised certification
plan, EPA emphasizes that it plans to work jointly with each certifying
authority to develop a workable certification plan that can be
implemented in the jurisdiction and that meets EPA's standards.
Decisions on certification plans will be made on a case-by-case basis.
The process for EPA administering a certification plan is outlined in
40 CFR 171.311.

XXI. References

    The following is a listing of the documents that are specifically
referenced in this document. The docket includes these documents and
other information considered by EPA, including documents that are
referenced within the documents that are included in the docket, even
if the referenced document is not physically located in the docket. For
assistance in locating these other documents, please consult the person
listed under FOR FURTHER INFORMATION CONTACT.
1. EPA. Economic Analysis of Final Revisions to the Applicator
Certification Regulation. 2016.

2. EPA. Response to Comment on the Proposed Changes to the
Certification of Pesticide Applicators Rule. 2016.
3. EPA. Final EPA Plan for the Federal Certification of Applicators of
Restricted Use Pesticides Within Indian Country; Notice of
Implementation. Notice. Federal Register (79 FR 7185, February 6, 2014)
(FRL-9904-18).
4. EPA. Federal Plan for Certification of Restricted Use Pesticide
Applicators in Navajo Indian Country; Notice of Implementation; and
Announcement of Availability of Form to Request Pesticide Applicator
Certification in Navajo Indian Country. Notice. Federal Register (72 FR
32648, June 13, 2007) (FRL-8078-9).
5. Harchelroad, F., et al. Treated vs Reported Toxic Exposures:
Discrepancies Between a Poison Control Center and a Member Hospital.
Veterinary and Human Toxicology. April 1990, Vol. 32, pp. 156-159.
6. Chafee-Bahamon, C., et al. Patterns in Hospitals' Use of a Regional
Poison Information Center. American Journal of Public Health. April 4,
1983. Vol. 73, pp. 396-400.
7. Veltri, et al. Interpretation and Uses of Data Collected in Poison
Control Centres in the United States. Medical Toxicology and Adverse
Drug Experience. November-December 1987. Vol. 6, pp. 389-97.
8. Mehler L. N., et al. California Surveillance for Pesticide-Related
Illness and Injury: Coverage, Bias, and Limitations. Journal of
Agromedicine. 2006. Vol. 11(2), pp. 67-79.
9. U.S. House of Representatives. Hidden Tragedy: Underreporting of
Workplace Injuries and Illnesses. Committee on Education and Labor.
Washington: Government. 2008.
10. Ruser, J. W. Examining Evidence on Whether BLS Undercounts
Workplace Injuries and Illnesses. Monthly Labor Review. August 2008.
Pp. 20-32.
11. Calvert, G., et al. Acute pesticide poisoning among agricultural
workers in the United States, 1998-2005. American Journal of Industrial
Medicine. 2008. Vol. 51(12), pp. 883-898.
12. Young, M., and Rischitelli, D.G. Occupational Risks and Risk
Perception among Hispanic Adolescents. McGill Journal of Medicine.
January 2006, Vol 9(1), pp. 49-53.
13. Casey, B.J., et al. The Adolescent Brain. Annals of the New York
Academy of Sciences. March 2008. pp. 111-126.
14. HHS, PHS, CDC, NIOSH. National Institute for Occupational Safety
and Health (NIOSH) Recommendations to the U.S. Department of Labor for
Changes to Hazardous Orders. May 3, 2002.
15. Cauffman, E., and Steinberg, L. (Im)maturity of Judgment in
Adolescence: Why Adolescents May Be Less Culpable Than Adults.
Behavioral Sciences and the Law. 2000. Vol. 18, pp. 741-760.
16. NIOSH. Data from the Sentinel Event Notification System for
Occupational Risk--Pesticides Program. 2014. http://wwwn.cdc.gov/niosh-survapps/sensor/.
17. EPA. Pesticides; Certification of Pesticide Applicators. Proposed
Rule. Federal Register (80 FR 51356, August 24, 2015) (FRL-9931-83).
18. EPA. Certification Plan and Reporting Database. http://cpard.wsu.edu/reports/menu.aspx.
19. EPA. Certification of Pesticide Applicators. 40 CFR part 171.
Federal Register (39 FR 36446, October 9, 1974) (FRL-269.1).
20. EPA. Submission and Approval of State Plans for Certification of
Commercial and Private Applicators of Restricted Use Pesticides.
Federal Register (40 FR 11698, March 12, 1975) (FRL-340.6).
21. EPA. Federal Certification of Pesticide Applicators in States or
Indian Reservations Where There is No Approved State or Tribal
Certification Plan in Effect. Final Rule. Federal Register (43 FR
24834, June 8, 1978) (FRL-881-7).
22. EPA. Certification of Pesticide Applicators; Expansion of
Recertification Time Period. Final Rule. Federal Register (48 FR 29854,
June 29, 1983) (FRL-2338-8).
23. EPA. Certification of Pesticide Applicators; Recordkeeping and
Reporting Requirements. Final Rule. Federal Register (48 FR 53972,
November 29, 1983) (FRL-2402-7).
24. EPA. Certification of Pesticide Applicator. Proposed Rule. Federal
Register (55 FR 46890, November 7, 1990) (FRL-2402-7).
25. CTAG. Pesticide Safety for the 21st Century. 1999.
26. EPA. National Assessment of the Pesticide Worker Safety Program.
Retrieved from EPA Web site. Pesticides: Health and Safety at http://www.epa.gov/oppfead1/safety/workshops.htm. August 3, 2015.
27. EPA. Report on the National Assessment of EPA's Pesticide Worker
Safety Program. 2005.
28. EPA. Pesticide Program Dialogue Committee Worker Safety Regulation
Change Subgroup, Summary of PREP and PPDC Comments. Washington, DC.
2007.
29. EPA, OMB, SBA. Small Business Advocacy Review Panel on EPA Planned
Revisions to Two Related Rules: Worker Protection Standard for
Agricultural Pesticides (RIN 2070-AJ22); and Certification of Pesticide
Applicators (RIN 2070-AJ20). Final Report. November 3, 2008.
30. EPA. OPP Tribal Consultation; Revisions to the Certification of
Pesticide Applicators Regulation. 2010.
31. Calvert, G.M., et al. Acute Pesticide-related Illnesses among
Working Youths, 1988-1999. American Journal of Public Health. April
2003. Vol. 93, pp. 605-610.
32. Lee, S.J., et al. Acute Pesticide Illnesses Associated with Off-
Target Pesticide Drift from Agricultural Applications. Environmental
Health Perspectives. 2011. Vol. 119, pp. 1162-1169.
33. EPA. Chloropicrin, Dazomet, Metam Sodium/Potassium, and Methyl
Bromide Reregistration Eligibility Decisions; Notice of Availability.
Notice. Federal Register (73 FR 40871, July 16, 2008) (FRL-8372-3).
34. EPA. Review of Methyl Parathion Incident Reports. February 5, 1998.
35. EPA. Office of the Inspector General. Result of Assessment of
Controls Over Emergency Removal Actions at Methyl Parathion Sites.
Report No. E1SFB7-06-0020-7400069. September 23, 1997.
36. EPA. Pesticides; Agricultural Worker Protection Standard Revisions.
Final Rule. Federal Register (80 FR 67496, November 2, 2015) (FRL-9931-
81).
37. EPA. Interim National Program Guidance for EPA Regional Offices on
EPA's Pesticide Applicator Certification Program (40 CFR part 171).
July 2006.
38. EPA. OPP Report on Incidence Information: The Baseline. 2007.
39. EPA. 1987-2004 Annual Certified Applicator Data. Retrieved from EPA
Web site. Pesticides: Health and Safety at http://www.epa.gov/oppfead1/safety/applicators/data.htm. August 3, 2015.
40. DOL. U.S. Bureau of Labor Statistics. Occupational Outlook
Handbook.

2010-11 Library Edition. Bulletin 2800. Washington, DC.
41. Agarwal P.K., et al. Examining the Testing Effect with Open- and
Closed-Book Tests. Applied Cognitive Psychology 2008. Vol 22(7), pp.
861-876.
42. Durning, S.J., et al., ``Comparing Open-Book and Closed-Book
Examinations: A Systematic Review.'' Academic Medicine. April 2016 Vol.
91(4), pp. 583-599.
43. CTAG. Pesticide Applicator Recertification: Verifying Attendance at
Recertification Events. 2009.
44. CTAG. Pesticide Applicator Recertification: Online Training--Course
Design and Structure. 2010.
45. Kambam, P., and Thompson, C. The Development of Decision-Making
Capacities in Children and Adolescents: Psychological and Neurological
Perspectives and Their Implications for Juvenile Defendants. Behavioral
Sciences and the Law. 2009. Vol. 27(2), pp. 173-190.
46. EPA. Federal Agency Certification of Federal Employees to Apply
Restricted Use Pesticides; Intent to Recognize Under Section 4 of the
Federal Insecticide, Fungicide, and Rodenticide Act. Notice. Federal
Register (42 FR 41907, August 19, 1977) (FRL-779-7).
47. EPA. Tribal Consultation Letter for ``Pesticides; Certification of
Pesticide Applicators.'' 2010.
48. EPA. FACT SHEET: EPA's Pesticide Applicator Certification Program
Basic Elements and Summary of Key FIFRA and 40 CFR part 171 Provisions.
2010.
49. EPA. EPA Policy on Consultation and Coordination with Indian
Tribes. 2011. https://www.epa.gov/tribal/epa-policy-consultation-and-coordination-indian-tribes
50. EPA. The Agricultural Worker Protection Standard and the
Certification of Pesticide Applicators Rule (40 CFR parts 170 & 171)--
Background on Proposed Rule Changes. 2010.
51. EPA. Information Collection Request (ICR) for the Certification of
Pesticide Applicators (Final Rule). EPA ICR No. 2499.02 and OMB Control
No. 2070-0196. 2016.

XXII. Statutory and Executive Order Reviews

    Additional information about these statutes and Executive Orders
can be found at http://www2.epa.gov/laws-regulations/laws-and-executive-orders.

A. Executive Order 12866: Regulatory Planning and Review; and,
Executive Order 13563: Improving Regulation and Regulatory Review

    This action is a significant regulatory action and was therefore
submitted to the Office of Management and Budget (OMB) for review under
Executive Order 12866 (58 FR 51735, October 4, 1993) and Executive
Order 13563 (76 FR 3821, January 21, 2011). A changes made in response
to OMB recommendations received during that review have been documented
in the docket. In addition, EPA prepared an Economic Analysis of the
potential costs and benefits associated with this action, which is
available in the docket and summarized in Unit II.C. (Ref. 1).

B. Paperwork Reduction Act (PRA)

    The information collection activities in this rule have been
submitted to OMB for approval under the PRA, 44 U.S.C. 3501 et seq. The
Information Collection Request (ICR) document that EPA prepared has
been assigned EPA ICR No. 2499.02 and OMB Control No. 2070-0196 (Ref.
51). You can find a copy of the ICR in the docket for this rule, and it
is briefly summarized here. The information collection requirements are
not enforceable until OMB approves them.
    The information collection activities related to the existing
certification rule are already approved by OMB in an ICR titled
``Certification of Pesticide Applicators'' (EPA ICR No. 0155.10; OMB
Control No. 2070-0029). Therefore, EPA ICR number 2499.02 only
addresses the changes to the existing certification rule. These
include:
     Updating the information States, Tribes, and Federal
agencies report to EPA.
     Updating the process and requirements for modifying a
certification plan.
     Updating certifying authorities' databases to track the
certification of applicators.
     Adding a provision for States to require recordkeeping by
RUP dealers.
     Adding specific requirements for noncertified applicator
training.
     Adding a provision for commercial applicators to keep
records of noncertified applicator training.
    Respondents/affected entities: Certified applicators; private and
commercial. The number of applicators is based on the Certification
Plan and Reporting Database for the years 2009 to 2014 (CPARD, 2015),
there are 420,999 commercial applicators and 482,925 private
applicators.
    Noncertified applicators under the direct supervision of certified
applicators. It is estimated that there are 918,892 noncertified
applicators who apply RUPs under the direct supervision of commercial
certified applicators, and there are 28,092 noncertified applicators
who apply RUPs under the direct supervision of private certified
applicators.
    RUP dealers. EPA estimates that there are approximately 10,000
retail dealers. According to the Agricultural Retailers Association,
there are approximately 9,000 agricultural retailers in the United
States. Not all are licensed to sell RUPs. EPA estimates that there are
far fewer nonagricultural pesticide retailers licensed to sell RUPs,
given that more RUPs are registered for agricultural use than for other
uses.
    Authorized agencies. Authorized agencies, termed certifying
authorities in the final rule, are the entities that are authorized by
EPA to administer applicator certification plans under 40 CFR part 171.
Authorized agencies includes States, territories, federally recognized
Tribes and Federal agencies authorized to operate certification
programs. Authorized agencies administer certification plans in 50
States, the District of Columbia, and 6 territories (Puerto Rico, U.S.
Virgin Islands, American Samoa, Guam, Commonwealth of Northern Mariana
Islands, and the Republic of Palau). In addition, there are four
approved Tribal certification plans and five approved Federal agency
certification plans. The Federal agencies administering certification
plans are DOD, DOE, USDA APHIS PPQ, USDA Forest Service (the two USDA
plans are separate plans), and DOI (the DOI plan covers three agencies
within DOI BLM, BIA and NPS, but no others). EPA administers two
certification plans, but is not included as a respondent because the
burden to EPA is estimated separately. Wage rates vary according to the
entity.
    Respondent's obligation to respond: Mandatory (7 U.S.C. 136-136y,
particularly sections 136a(d), 136i, and 136w).
    Estimated number of respondents: 1,860,974.
    Frequency of response: Rule familiarization is expected to occur
annually for the first 3 years. Revising and submitting certification
plans will occur one time. Training of noncertified applicators will
occur annually. Recordkeeping of RUP sales will occur each time an RUP
is sold, which EPA estimates will be 195 times per year per RUP dealer.

    Total estimated burden: 2,280,849 hours (per year). Burden is
defined at 5 CFR 1320.3(b).
    Total estimated cost: $68,573,790 (per year), which includes $0
annualized capital or operation and maintenance costs.
    An agency may not conduct or sponsor, and a person is not required
to respond to, a collection of information unless it displays a
currently valid OMB control number. The OMB control numbers for the
EPA's regulations in 40 CFR are listed in 40 CFR part 9. When OMB
approves this ICR, the Agency will announce that approval in the
Federal Register and publish a technical amendment to 40 CFR part 9 to
display the OMB control number for the approved information collection
activities contained in this final rule.

C. Regulatory Flexibility Act (RFA)

    Pursuant to section 605(b) of the RFA, 5 U.S.C. 601 et seq., I
certify that promulgation of the requirements contained in this final
rule will not have a significant economic impact on a substantial
number of small entities. There are two types of small entities subject
to the requirements of this action: Small farms with private
applicators and noncertified applicators using RUPs under their direct
supervision, and small firms employing commercial applicators and
noncertified applicators using RUPs under their direct supervision. EPA
estimates that up to 820,000 small farms use pesticides and may be
affected by the rule, although not all will use RUPs. EPA further
estimates that at least 167,000 small firms employing commercial
applicators may be affected by the rule. The Agency has determined that
for private applicators, the average impact of the rule is about $25
per year and represents less than 1% of annual sales revenue for the
average small farm and even to small-small farms with sales of less
than $10,000. Costs to small firms employing commercial applicators are
estimated to average less than $100 per year, which is less than 1% of
average annual revenue for these firms.
    Impacts to the smallest farms, especially in high-impact States
such as Alaska, Kentucky, and Rhode Island, where costs could be around
$100 per year, could exceed 1% of annual sales revenue. However, the
number of farms facing such impacts is small relative to the number of
small farms affected by the rule. EPA estimates that around 13,000
farms may face impacts of one percent or more of annual revenue. These
farms comprise less than one percent of all 1.5 million small farms and
less than two percent of all 820,000 small farms that use pesticides
that may be affected by the rule. For small firms employing commercial
applicators, average impacts of the rule represent less than 0.1% of
annual revenue for the average small firm. Even for the high cost
scenarios, where costs might be as high as $474 per year, the impacts
are expected to be 0.3% or less of annual revenues. Details of this
analysis are presented in the Economic Analysis (Ref. 1).
    Although not required by the RFA to convene a Small Business
Advocacy Review (SBAR) Panel because the EPA has determined that this
action would not have a significant economic impact on a substantial
number of small entities, the EPA originally convened a panel to obtain
advice and recommendations from small entity representatives
potentially subject to this rule's requirements. A copy of the SBAR
Panel Report (Ref. 29) is included in the docket for this rulemaking.

D. Unfunded Mandates Reform Act (UMRA)

    This action does not contain an unfunded mandate of $100 million or
more as described in UMRA, 2 U.S.C. 1531 through 1538, and does not
significantly or uniquely affect small governments. As such, the
requirements of sections 202, 203, 204, or 205 of UMRA do not apply to
this action.

E. Executive Order 13132: Federalism

    This action does not have federalism implications, as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999). It will not have
substantial direct effects on the States, on the relationship between
the national government and the States, or on the distribution of power
and responsibilities among the various levels of government.

F. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments

    This action does not have Tribal implications, as specified in
Executive Order 13175 (65 FR 67249, November 9, 2000). This action
requires Tribes that certify applicators to perform RUP applications in
Indian country to comply with the revised regulation. EPA currently
directly administers a national certification plan for Indian country
(Ref. 3) and has implemented a specific certification plan for the
Navajo Nation (Ref. 4). This rule provides Tribes with the option to
develop and administer their own applicator certification programs, to
participate in the EPA-administered applicator certification program
for Indian country, or to enter into an agreement with EPA regarding
administration of an applicator certification program. As explained in
Unit XVII., EPA does not believe the revisions would place any
unreasonable burden on Tribes because the rule does not require Tribes
to implement certification programs. There are currently only four
Tribes with EPA-approved certification plans. The rule requires
existing Tribal certification plans to be revised and resubmitted to
EPA for review and approval. EPA estimates the costs to these Tribes
would be similar to the costs to States for updating and submitting to
EPA for approval a revised certification plan, and that they would not
result in a significant impact on Tribal entities or programs. Thus,
Executive Order 13175 does not apply to this action.
    Consistent with EPA's Policy on Consultation and Coordination with
Indian Tribes, EPA consulted with Tribal officials during the
development of this action. A summary of that consultation is provided
in the docket for this action (Ref. 30).

G. Executive Order 13045: Protection of Children From Environmental
Health Risks and Safety Risks

    This action is not subject to Executive Order 13045 (62 FR 19885,
April 23, 1997) because it is not an economically significant
regulatory action as defined by Executive Order 12866. Information on
EPA's consideration of the risks to children in development of this
action can be found in Unit III.C.3. and in the Economic Analysis for
this action (Ref. 1). EPA nevertheless believes that the environmental
health or safety risks addressed in this rule could have a
disproportionate effect on children.
    The primary risk to children that is within the scope of this
rulemaking is exposure to RUPs during their work as applicators of
RUPs. The rule is intended to minimize these exposures and risks. By
establishing a minimum age for persons to become a certified applicator
or to use RUPs as a noncertified applicator under the direct
supervision of a certified applicator, children would receive less
exposure to pesticides that may lead to chronic or acute pesticide-
related illness. In addition, the final rule expands training for
noncertified applicators to include topics that should also assist in
reducing potential risks to children from incidental pesticide
exposure, such as avoiding bringing pesticide residues home on
clothing.
    Like DOL's regulations that implement the FLSA, the rule regulates
the ages at which children can apply pesticides. The final rule
establishes a minimum age of 18 for persons to

become certified to apply RUPs and to apply RUPs as noncertified
persons under the direct supervision of certified applicators, except
that a noncertified person using agricultural RUPs under the direct
supervision of a private applicator who is also a member of the
noncertified applicator's immediate family must be 16 years old. Since
many RUPs present heightened risks to harm human health relative to
other pesticides, EPA feels that they warrant additional risk
mitigation measures beyond those applicable to non-RUPs. EPA expects
that the establishment of minimum ages will mitigate or eliminate many
risks faced by young applicators of RUPs.

H. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use

    This rule is not a ``significant energy action'' as defined in
Executive Order 13211 (66 FR 28355, May 22, 2001), because it is not
likely to have a significant adverse effect on the supply,
distribution, or use of energy.

I. National Technology Transfer and Advancement Act (NTTAA)

    This rulemaking does not involve technical standards that would
require Agency consideration under NTTAA section 12(d), 15 U.S.C. 272
note.

J. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations

    This action is not expected to have disproportionately high and
adverse human health or environmental effects on minority or low-income
populations, as specified in Executive Order 12898 (59 FR 7629,
February 16, 1994). This action will increase the level of
environmental protection for all affected populations without having
any disproportionately high and adverse human health or environmental
effects on any population, including any minority or low-income
population.

K. Congressional Review Act (CRA)

    This action is subject to the CRA (5 U.S.C. 801 et seq.), and EPA
will submit a rule report to each House of the Congress and to the
Comptroller General of the United States. This action is not a ``major
rule'' as defined by 5 U.S.C. 804(2).

List of Subjects in 40 CFR Part 171

    Environmental protection, Applicator competency, Agricultural
worker safety, Certified applicator, Pesticide safety training,
Pesticide worker safety, Pesticides and pests, Restricted use
pesticides.

    Dated: December 12, 2016.
Gina McCarthy,
Administrator.

0
Therefore, 40 CFR chapter I is amended as follows:

PART 171--[AMENDED]

0
1. The authority citation for part 171 continues to read as follows:

    Authority: 7 U.S.C. 136-136y.

0
2. Add a new heading for subpart A to read as follows:

Subpart A--General Provisions

0
3. Revise Sec.  171.1 to read as follows:

Sec.  171.1  Scope.

    (a) This part establishes Federal standards for the certification
and recertification of applicators of restricted use pesticides, and
requirements for pesticide applicator certification plans administered
by State, Tribal, and Federal agencies. The standards address the
requirements for certification and recertification of applicators using
restricted use pesticides, requirements for certified applicators
supervising the use of restricted use pesticides by noncertified
applicators, and requirements for noncertified persons using restricted
use pesticides under the direct supervision of a certified applicator.
    (b) A person is a certified applicator for purposes of the Federal
Insecticide, Fungicide and Rodenticide Act (FIFRA), 7 U.S.C. 136 et
seq., only if the person holds a certification issued pursuant to a
plan approved in accordance with this part and currently valid in the
pertinent jurisdiction. As provided in FIFRA section 12(a)(2)(F), it is
unlawful for any person to make available for use or to use any
pesticide classified for restricted use other than in accordance with
the requirements of this part.

Sec.  171.2   [Reserved]

0
4. Remove Sec.  171.2.

0
5. Revise Sec.  171.3 to read as follows:

Sec.  171.3  Definitions.

Terms used in this part have the same meanings they have in FIFRA and
40 CFR part 152. In addition, the following terms have the meaning
specified in this section when used in this part:

    Agricultural commodity means any plant, fungus, or algae, or part
thereof, or any animal or animal product, produced by a person
(including, but not limited to, farmers, ranchers, vineyardists, plant
propagators, Christmas tree growers, aquaculturists, floriculturists,
orchardists, foresters, or other comparable persons) primarily for
sale, consumption, propagation, or other use by man or animals.
    Agency means the U.S. Environmental Protection Agency (EPA), unless
otherwise specified.
    Application and applying means the dispersal of a pesticide on, in,
at, or directed toward a target site.
    Applicator means any individual using a restricted use pesticide.
An applicator may be certified as a commercial or private applicator as
defined in FIFRA or may be a noncertified applicator as defined in this
part.
    Calibration means measurement of dispersal or output of application
equipment and adjustment of such equipment to establish a specific rate
of dispersal and, if applicable, droplet or particle size of a
pesticide, and/or equalized dispersal pattern.
    Certification means a certifying authority's issuance, pursuant to
this part, of authorization to a person to use or supervise the use of
restricted use pesticides.
    Certifying authority means the Agency, or a State, Tribal, or
Federal agency that issues restricted use pesticide applicator
certifications pursuant to a certification plan approved by the Agency
under this part.
    Compatibility means the extent to which a pesticide can be combined
with other chemicals without causing undesirable results.
    Competency means having the practical knowledge, skills,
experience, and judgment necessary to perform functions associated with
restricted use pesticide application without causing unreasonable
adverse effects, where the nature and degree of competency required
relate directly to the nature of the activity and the degree of
independent responsibility.
    Dealership means any establishment owned or operated by a
restricted use pesticide retail dealer where restricted use pesticides
are distributed or sold.
    Fumigant means a restricted use pesticide that bears labeling
designating it as a fumigant.
    Fumigation means the use of a fumigant.
    Immediate family means familial relationships limited to the
spouse, parents, stepparents, foster parents, father-in-law, mother-in-
law, children, stepchildren, foster children, sons-in-law, daughters-
in-law, grandparents, grandchildren, brothers, sisters, brothers-in-
law, sisters-in-law, aunts, uncles, nieces, nephews, and first cousins.
``First cousin'' means the child

of a parent's sibling, i.e., the child of an aunt or uncle.
    Indian country means:
    (1) All land within the limits of any Indian reservation under the
jurisdiction of the United States Government, notwithstanding the
issuance of any patent, and, including rights-of-way running through
the reservation.
    (2) All dependent Indian communities within the borders of the
United States whether within the original or subsequently acquired
territory thereof, and whether within or without the limits of a State.
    (3) All Indian allotments, the Indian titles to which have not been
extinguished, including rights-of-way running through the same.
    Indian Tribe or Tribe means any Indian or Alaska Native Tribe,
band, nation, pueblo, village, or community included in the list of
Tribes published by the Secretary of the Interior pursuant to the
Federally Recognized Indian Tribe List Act.
    Mishap means an event that adversely affects man or the environment
and that is related to the use or presence of a pesticide, whether the
event was unexpected or intentional.
    Nontarget organism means any plant, animal or other organism other
than the target pests that a pesticide is intended to affect.
    Noncertified applicator means any person who is not certified in
accordance with this part to use or supervise the use of restricted use
pesticides in the category appropriate to the type of application being
conducted in the pertinent jurisdiction, but who is using restricted
use pesticides under the direct supervision of a person certified as a
commercial or private applicator in accordance with this part.
    Ornamental means trees, shrubs, flowers, and other plantings
intended primarily for aesthetic purposes in and around habitations,
buildings and surrounding grounds, including residences, parks,
streets, and commercial, industrial, and institutional buildings.
    Personal protective equipment means devices and apparel that are
worn to protect the body from contact with pesticides or pesticide
residues, including, but not limited to, coveralls, chemical-resistant
suits, chemical-resistant gloves, chemical-resistant footwear,
respirators, chemical-resistant aprons, chemical-resistant headgear,
and protective eyewear.
    Practical knowledge means the possession of pertinent facts and
comprehension sufficient to properly perform functions associated with
use of restricted use pesticides, including properly responding to
reasonably foreseeable problems and situations.
    Principal place of business means the principal location, either
residence or office, where a person conducts a business that involves
the use of restricted use pesticides. A person who applies restricted
use pesticides in more than one State or area of Indian country may
designate a location within a State or area of Indian country as its
principal place of business for that State or area of Indian country.
    Regulated pest means a particular species of pest specifically
subject to Tribal, State or Federal regulatory restrictions,
regulations, or control procedures intended to protect the hosts, man
and/or the environment.
    Restricted use pesticide means a pesticide that is classified for
restricted use under the provisions of section 3(d) of FIFRA and 40 CFR
part 152, subpart I.
    Restricted use pesticide retail dealer means any person who
distributes or sells restricted use pesticides to any person, excluding
transactions solely between persons who are pesticide producers,
registrants, wholesalers, or retail sellers, acting only in those
capacities.
    Toxicity means the property of a pesticide that refers to the
degree to which the pesticide, and its degradates and metabolites, are
able to cause an adverse physiological effect on an organism.
    Use, as in ``to use a pesticide'' means any of the following:
    (1) Pre-application activities involving mixing and loading the
pesticide.
    (2) Applying the pesticide, including, but not limited to,
supervising the use of a pesticide by a noncertified applicator.
    (3) Other pesticide-related activities, including, but not limited
to, transporting or storing pesticide containers that have been opened,
cleaning equipment, and disposing of excess pesticides, spray mix,
equipment wash waters, pesticide containers, and other pesticide-
containing materials.
    Use-specific instructions means the information and requirements
specific to a particular pesticide product or work site that an
applicator needs in order to use the pesticide in accordance with
applicable requirements and without causing unreasonable adverse
effects.

Sec.  171.4   [Removed]

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6. Remove Sec.  171.4.

0
7. Revise Sec.  171.5 to read as follows:

Sec.  171.5  Effective date.

    (a) This part is effective March 6, 2017. Certification plans
approved by EPA before the effective date remain approved except as
provided in Sec. Sec.  171.5(b)-(d) and 171.309.
    (b) Status of certification plans approved before effective date. A
certification plan approved by EPA before March 6, 2017 remains
approved until March 4, 2020, except as provided in paragraph (c) of
this section and Sec.  171.309.
    (c) Extension of an existing plan during EPA review of proposed
revisions. If by March 4, 2020, a certifying authority has submitted to
EPA a proposed modification of its certification plan pursuant to
subpart D of this part, its certification plan approved by EPA before
March 6, 2017 will remain in effect until EPA has approved or rejected
the modified plan pursuant to Sec.  171.309(a)(4) or March 4, 2022,
whichever is earlier, except as provided in paragraph (d) of this
section and Sec.  171.309(b).
    (d) Extension of an existing plan after EPA has approved a revised
plan. Where EPA has approved a certifying authority's modified
certification plan pursuant to Sec.  171.309(a)(4), the certification
plan approved by EPA before March 6, 2017 shall remain in effect as
specified in EPA's approval of the modified certification plan.
    (e) States, Tribes, or Federal agencies that do not have an EPA-
approved certification plan in effect may submit to EPA for review and
approval a certification plan that meets or exceeds all of the
applicable requirements of this part any time.

Sec. Sec.  171.6, 171.7, 171.8, 171.9,171.10,171.11   [Removed]

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8. Remove Sec. Sec.  171.6, 171.7, 171.8, 171.9, 171.10, 171.11.

0
9. Subpart B is added to part 171 to read as follows:

Subpart B--Certification Requirements for Applicators of Restricted
Use Pesticides

Sec.
171.101 Commercial applicator certification categories.
171.103 Standards for certification of commercial applicators.
171.105 Standards for certification of private applicators.
171.107 Standards for recertification of certified applicators.

Sec.  171.101  Commercial applicator certification categories.

    Certification categories. Categories of commercial applicators
using or supervising the use of restricted use pesticides are
identified below.
    (a) Agricultural pest control.
    (1) Crop pest control. This category applies to commercial
applicators who

use or supervise the use of restricted use pesticides in production of
agricultural commodities, including but not limited to grains,
vegetables, small fruits, tree fruits, peanuts, tree nuts, tobacco,
cotton, feed and forage crops including grasslands, and non-crop
agricultural lands.
    (2) Livestock pest control. This category applies to commercial
applicators who use or supervise the use of restricted use pesticides
on animals or to places on or in which animals are confined.
Certification in this category alone is not sufficient to authorize the
purchase, use, or supervision of use of products for predator control
listed in paragraphs (k) and (l) of this section.
    (b) Forest pest control. This category applies to commercial
applicators who use or supervise the use of restricted use pesticides
in forests, forest nurseries and forest seed production.
    (c) Ornamental and turf pest control. This category applies to
commercial applicators who use or supervise the use of restricted use
pesticides to control pests in the maintenance and production of
ornamental plants and turf.
    (d) Seed treatment. This category applies to commercial applicators
using or supervising the use of restricted use pesticides on seeds in
seed treatment facilities.
    (e) Aquatic pest control. This category applies to commercial
applicators who use or supervise the use of any restricted use
pesticide purposefully applied to standing or running water, excluding
applicators engaged in public health related activities included in as
specified in paragraph (h) of this section.
    (f) Right-of-way pest control. This category applies to commercial
applicators who use or supervise the use of restricted use pesticides
in the maintenance of roadsides, powerlines, pipelines, and railway
rights-of-way, and similar areas.
    (g) Industrial, institutional, and structural pest control. This
category applies to commercial applicators who use or supervise the use
of restricted use pesticides in, on, or around the following: Food
handling establishments, packing houses, and food-processing
facilities; human dwellings; institutions, such as schools, hospitals
and prisons; and industrial establishments, including manufacturing
facilities, warehouses, grain elevators, and any other structures and
adjacent areas, public or private, for the protection of stored,
processed, or manufactured products.
    (h) Public health pest control. This category applies to State,
Tribal, Federal or other governmental employees and contractors who use
or supervise the use of restricted use pesticides in government-
sponsored public health programs for the management and control of
pests having medical and public health importance.
    (i) Regulatory pest control. This category applies to State,
Tribal, Federal, or other local governmental employees and contractors
who use or supervise the use of restricted use pesticides in
government-sponsored programs for the control of regulated pests.
Certification in this category does not authorize the purchase, use, or
supervision of use of products for predator control listed in
paragraphs (k) and (l) of this section.
    (j) Demonstration and research. This category applies to
individuals who demonstrate to the public the proper use and techniques
of application of restricted use pesticides or supervise such
demonstration and to persons conducting field research with restricted
use pesticides, and in doing so, use or supervise the use of restricted
use pesticides. This includes such individuals as extension specialists
and county agents, commercial representatives demonstrating restricted
use pesticide products, individuals demonstrating application or pest
control methods used in public or private programs, and State, Federal,
commercial, and other persons conducting field research on or involving
restricted use pesticides.
    (k) Sodium cyanide predator control. This pest control category
applies to commercial applicators who use or supervise the use of
sodium cyanide in a mechanical ejection device to control regulated
predators.
    (l) Sodium fluoroacetate predator control. This pest control
category applies to commercial applicators who use or supervise the use
of sodium fluoroacetate in a protective collar to control regulated
predators.
    (m) Soil fumigation. This category applies to commercial
applicators who use or supervise the use of a restricted use pesticide
to fumigate soil.
    (n) Non-soil fumigation. This category applies to commercial
applicators who use or supervise the use of a restricted use pesticide
to fumigate anything other than soil.
    (o) Aerial pest control. This category applies to commercial
applicators who use or supervise the use of restricted use pesticides
applied by fixed or rotary wing aircraft.

Sec.  171.103  Standards for certification of commercial applicators.

    (a) Determination of competency. To be determined to have the
necessary competency in the use and handling of restricted use
pesticides by a State, Tribe, or Federal agency, a commercial
applicator must receive a passing score on a written examination that
meets the standards specified in paragraph (a)(2) of this section and
any related performance testing that is required by the State, Tribe,
or Federal agency. Examinations and any alternate methods employed by
the certifying authority to determine applicator competency must
include the core standards applicable to all categories (paragraph (c)
of this section) and the standards applicable to each category in which
an applicator seeks certification (paragraph (d) of this section).
Certification processes must meet all of the following criteria:
    (1) Commercial applicator minimum age. A commercial applicator must
be at least 18 years old.
    (2) Examination standards. The certifying authority must ensure
that examinations conform to all of the following standards:
    (i) The examination must be presented and answered in writing.
    (ii) The examination must be proctored by an individual designated
by the certifying authority and who is not seeking certification at any
examination session that he or she is proctoring.
    (iii) Each person seeking certification must present at the time of
examination valid, government-issued photo identification or other form
of similarly reliable identification authorized by the certifying
authority as proof of identity and age to be eligible for
certification.
    (iv) Candidates must be monitored throughout the examination
period.
    (v) Candidates must be instructed in examination procedures before
beginning the examination.
    (vi) Examinations must be kept secure before, during, and after the
examination period so that only the candidates have access to the
examination, and candidates have access only in the presence of the
proctor.
    (vii) Candidates must not have verbal or non-verbal communication
with anyone other than the proctor during the examination period.
    (viii) No portion of the examination or any associated reference
materials described in paragraph (a)(2)(ix) of this section may be
copied or retained by any person other than a person authorized by the
certifying authority to copy or retain the examination or any

associated reference materials described in paragraph (a)(2)(ix) of
this section.
    (ix) The only reference materials used during the examination are
those that are approved by the certifying authority and provided and
collected by the proctor.
    (x) Reference materials provided to examinees are reviewed after
the examination is complete to ensure that no portion of the reference
material has been removed, altered, or destroyed.
    (xi) The proctor reports to the certifying authority any
examination administration inconsistencies or irregularities, including
but not limited to cheating, use of unauthorized materials, and
attempts to copy or retain the examination.
    (xii) The examination must be conducted in accordance with any
other requirements of the certifying authority related to examination
administration.
    (xiii) The certifying authority must notify each candidate of the
results of his or her examination.
    (b) Additional methods of determining competency. In addition to
written examination requirements for determining competency, a
certifying authority may employ additional methods for determining
applicator competency, such as performance testing. Any such additional
methods must be specified in the certifying authority's Agency-approved
certification plan and must comply with the applicable standards in
paragraph (a) of this section.
    (c) Core standards for all categories of certified commercial
applicators. Persons seeking certification as commercial applicators
must demonstrate practical knowledge of the principles and practices of
pest control and proper and effective use of restricted use pesticides
by passing a written examination. Written examinations for all
commercial applicators must address all of the following areas of
competency:
    (1) Label and labeling comprehension. Familiarity with pesticide
labels and labeling and their functions, including all of the
following:
    (i) The general format and terminology of pesticide labels and
labeling.
    (ii) Understanding instructions, warnings, terms, symbols, and
other information commonly appearing on pesticide labels and labeling.
    (iii) Understanding that it is a violation of Federal law to use
any registered pesticide in a manner inconsistent with its labeling.
    (iv) Understanding labeling requirements that a certified
applicator must be physically present at the site of the application.
    (v) Understanding labeling requirements for supervising
noncertified applicators working under the direct supervision of a
certified applicator.
    (vi) Understanding that applicators must comply with all use
restrictions and directions for use contained in pesticide labels and
labeling, including being certified in the certification category
appropriate to the type and site of the application.
    (vii) Understanding the meaning of product classification as either
general or restricted use and that a product may be unclassified.
    (viii) Understanding and complying with product-specific
notification requirements.
    (ix) Recognizing and understanding the difference between mandatory
and advisory labeling language.
    (2) Safety. Measures to avoid or minimize adverse health effects,
including all of the following:
    (i) Understanding the different natures of the risks of acute
toxicity and chronic toxicity, as well as the long-term effects of
pesticides.
    (ii) Understanding that a pesticide's risk is a function of
exposure and the pesticide's toxicity.
    (iii) Recognition of likely ways in which dermal, inhalation, and
oral exposure may occur.
    (iv) Common types and causes of pesticide mishaps.
    (v) Precautions to prevent injury to applicators and other
individuals in or near treated areas.
    (vi) Need for, and proper use of, protective clothing and personal
protective equipment.
    (vii) Symptoms of pesticide poisoning.
    (viii) First aid and other procedures to be followed in case of a
pesticide mishap.
    (ix) Proper identification, storage, transport, handling, mixing
procedures, and disposal methods for pesticides and used pesticide
containers, including precautions to be taken to prevent children from
having access to pesticides and pesticide containers.
    (3) Environment. The potential environmental consequences of the
use and misuse of pesticides, including the influence of all of the
following:
    (i) Weather and other indoor and outdoor climatic conditions.
    (ii) Types of terrain, soil, or other substrate.
    (iii) Presence of fish, wildlife, and other non-target organisms.
    (iv) Drainage patterns.
    (4) Pests. The proper identification and effective control of
pests, including all of the following:
    (i) The importance of correctly identifying target pests and
selecting the proper pesticide product(s) for effective pest control.
    (ii) Verifying that the labeling does not prohibit the use of the
product to control the target pest(s).
    (5) Pesticides. Characteristics of pesticides, including all of the
following:
    (i) Types of pesticides.
    (ii) Types of formulations.
    (iii) Compatibility, synergism, persistence, and animal and plant
toxicity of the formulations.
    (iv) Hazards and residues associated with use.
    (v) Factors that influence effectiveness or lead to problems such
as pesticide resistance.
    (vi) Dilution procedures.
    (6) Equipment. Application equipment, including all of the
following:
    (i) Types of equipment and advantages and limitations of each type.
    (ii) Use, maintenance, and calibration procedures.
    (7) Application methods. Selecting appropriate application methods,
including all of the following:
    (i) Methods used to apply various forms and formulations of
pesticides.
    (ii) Knowledge of which application method to use in a given
situation and that use of a fumigant, aerial application, sodium
cyanide, or sodium fluoroacetate requires additional certification.
    (iii) How selection of application method and use of a pesticide
may result in proper use, unnecessary or ineffective use, and misuse.
    (iv) Prevention of drift and pesticide loss into the environment.
    (8) Laws and regulations. Knowledge of all applicable State,
Tribal, and Federal laws and regulations.
    (9) Responsibilities of supervisors of noncertified applicators.
Knowledge of the responsibilities of certified applicators supervising
noncertified applicators, including all of the following:
    (i) Understanding and complying with requirements in Sec.  171.201
of this part for certified commercial applicators who supervise
noncertified applicators using restricted use pesticides.
    (ii) The recordkeeping requirements of pesticide safety training
for noncertified applicators who use restricted use pesticides under
the direct supervision of a certified applicator.
    (iii) Providing use-specific instructions to noncertified
applicators

using restricted use pesticides under the direct supervision of a
certified applicator.
    (iv) Explaining pertinent State, Tribal, and Federal laws and
regulations to noncertified applicators who use restricted use
pesticides under the direct supervision of a certified applicator.
    (10) Professionalism. Understanding the importance of all of the
following:
    (i) Maintaining chemical security for restricted use pesticides.
    (ii) How to communicate information about pesticide exposures and
risks with customers and the public.
    (iii) Appropriate product stewardship for certified applicators.
    (d) Specific standards of competency for each category of
commercial applicators. In addition to satisfying the requirements of
paragraph (c) of this section, to be certified as commercial
applicators, persons must demonstrate through written examinations
practical knowledge of the principles and practices of pest control and
proper and effective use of restricted use pesticides for each category
for which they intend to apply restricted use pesticides, except as
provided at Sec. Sec.  171.303(a)(4) and 171.305(a)(5). The minimum
competency standards for each category are listed in paragraphs (d)(1)
through (15) of this section. Examinations for each category of
certification listed in Sec.  171.101 must be based on the standards of
competency specified in paragraphs (d)(1) through (15) of this section
and examples of problems and situations appropriate to the particular
category in which the applicator is seeking certification.
    (1) Agricultural pest control.
    (i) Crop pest control. Applicators must demonstrate practical
knowledge of crops, grasslands, and non-crop agricultural lands and the
specific pests of those areas on which they may be using restricted use
pesticides. The importance of such competency is amplified by the
extensive areas involved, the quantities of pesticides needed, and the
ultimate use of many commodities as food and feed. The required
knowledge includes pre-harvest intervals, restricted entry intervals,
phytotoxicity, potential for environmental contamination such as soil
and water problems, non-target injury, and other problems resulting
from the use of restricted use pesticides in agricultural areas. The
required knowledge also includes the potential for phytotoxicity due to
a wide variety of plants to be protected, for drift, for persistence
beyond the intended period of pest control, and for non-target
exposures.
    (ii) Livestock pest control. Applicators must demonstrate practical
knowledge of such animals and their associated pests. The required
knowledge includes specific pesticide toxicity and residue potential,
and the hazards associated with such factors as formulation,
application techniques, age of animals, stress, and extent of
treatment.
    (2) Forest pest control. Applicators must demonstrate practical
knowledge of types of forests, forest nurseries, and seed production
within the jurisdiction of the certifying authority and the pests
involved. The required knowledge includes the cyclic occurrence of
certain pests and specific population dynamics as a basis for
programming pesticide applications, the relevant organisms causing harm
and their vulnerability to the pesticides to be applied, how to
determine when pesticide use is proper, selection of application method
and proper use of application equipment to minimize non-target
exposures, and appropriate responses to meteorological factors and
adjacent land use. The required knowledge also includes the potential
for phytotoxicity due to a wide variety of plants to be protected, for
drift, for persistence beyond the intended period of pest control, and
for non-target exposures.
    (3) Ornamental and turf pest control. Applicators must demonstrate
practical knowledge of pesticide problems associated with the
production and maintenance of ornamental plants and turf. The required
knowledge includes the potential for phytotoxicity due to a wide
variety of plants to be protected, for drift, for persistence beyond
the intended period of pest control, and for non-target exposures.
Because of the frequent proximity of human habitations to application
activities, applicators in this category must demonstrate practical
knowledge of application methods that will minimize or prevent hazards
to humans, pets, and other domestic animals.
    (4) Seed treatment. Applicators must demonstrate practical
knowledge including recognizing types of seeds to be treated, the
effects of carriers and surface active agents on pesticide binding and
germination, the hazards associated with handling, sorting and mixing,
and misuse of treated seed, the importance of proper application
techniques to avoid harm to non-target organisms, and the proper
disposal of unused treated seeds.
    (5) Aquatic pest control. Applicators must demonstrate practical
knowledge of the characteristics of various aquatic use situations, the
potential for adverse effects on non-target plants, fish, birds,
beneficial insects and other organisms in the immediate aquatic
environment and downstream, and the principles of limited area
application.
    (6) Right-of-way pest control. Applicators must demonstrate
practical knowledge of the types of environments (terrestrial and
aquatic) traversed by rights-of-way, recognition of target pests, and
techniques to minimize non-target exposure, runoff, drift, and
excessive foliage destruction. The required knowledge also includes the
potential for phytotoxicity due to a wide variety of plants and pests
to be controlled, and for persistence beyond the intended period of
pest control.
    (7) Industrial, institutional, and structural pest control.
Applicators must demonstrate a practical knowledge of industrial,
institutional, and structural pests, including recognizing those pests
and signs of their presence, their habitats, their life cycles,
biology, and behavior as it may be relevant to problem identification
and control. Applicators must demonstrate practical knowledge of types
of formulations appropriate for control of industrial, institutional
and structural pests, and methods of application that avoid
contamination of food, minimize damage to and contamination of areas
treated, minimize acute and chronic exposure of people and pets, and
minimize environmental impacts of outdoor applications.
    (8) Public health pest control. Applicators must demonstrate
practical knowledge of pests that are important vectors of disease,
including recognizing the pests and signs of their presence, their
habitats, their life cycles, biology and behavior as it may be relevant
to problem identification and control. The required knowledge also
includes how to minimize damage to and contamination of areas treated,
acute and chronic exposure of people and pets, and non-target
exposures.
    (9) Regulatory pest control. Applicators must demonstrate practical
knowledge of regulated pests, applicable laws relating to quarantine
and other regulation of regulated pests, and the potential impact on
the environment of restricted use pesticides used in suppression and
eradication programs. They must demonstrate knowledge of factors
influencing introduction, spread, and population dynamics of regulated
pests.
    (10) Demonstration and research. Applicators must demonstrate
practical knowledge of the potential problems, pests, and population
levels reasonably expected to occur in a demonstration situation and
the effects of restricted use pesticides on target and non-target
organisms. In addition, they must

demonstrate competency in each pest control category applicable to
their demonstrations.
    (11) Sodium cyanide predator control. Applicators must demonstrate
practical knowledge of mammalian predator pests, including recognizing
those pests and signs of their presence, their habitats, their life
cycles, biology, and behavior as it may be relevant to pest
identification and control. Applicators must demonstrate comprehension
of all laws and regulations applicable to the use of mechanical
ejection devices for sodium cyanide, including the restrictions on the
use of sodium cyanide products ordered by the EPA Administrator. .
Applicators must also demonstrate practical knowledge and understanding
of all of the specific use restrictions for sodium cyanide devices,
including safe handling and proper placement of the capsules and
device, proper use of the antidote kit, notification to medical
personnel before use of the device, conditions of and restrictions on
when and where devices can be used, requirements to consult U.S. Fish
and Wildlife Service maps before use to avoid affecting endangered
species, maximum density of devices, provisions for supervising and
monitoring applicators, required information exchange in locations
where more than one agency is authorized to place devices, and specific
requirements for recordkeeping, monitoring, field posting, proper
storage, and disposal of damaged or used sodium cyanide capsules.
    (12) Sodium fluoroacetate predator control. Applicators must
demonstrate practical knowledge of mammalian predator pests, including
recognizing those pests and signs of their presence, their habitats,
their life cycles, biology, and behavior as it may be relevant to pest
identification and control. Applicators must demonstrate comprehension
of all laws and regulations applicable to the use of sodium
fluoroacetate products, including the restrictions on the use of sodium
fluoroacetate products ordered by the EPA Administrator. Applicators
must also demonstrate practical knowledge and understanding of the
specific use restrictions for sodium fluoroacetate in the livestock
protection collar, including where and when sodium fluoroacetate
products can be used, safe handling and placement of collars, and
practical treatment of sodium fluoroacetate poisoning in humans and
domestic animals. Applicators must also demonstrate practical knowledge
and understanding of specific requirements for field posting,
monitoring, recordkeeping, proper storage of collars, disposal of
punctured or leaking collars, disposal of contaminated animal remains,
vegetation, soil, and clothing, and reporting of suspected and actual
poisoning, mishap, or injury to threatened or endangered species,
humans, domestic animals, or non-target wild animals.
    (13) Soil fumigation. Applicators must demonstrate practical
knowledge of the pest problems and pest control practices associated
with performing soil fumigation applications, including all the
following:
    (i) Label and labeling comprehension. Familiarity with the
pesticide labels and labeling for products used to perform soil
fumigation, including all of the following:
    (A) Labeling requirements specific to soil fumigants.
    (B) Requirements for certified applicators of fumigants, fumigant
handlers and permitted fumigant handler activities, and the safety
information that certified applicators must provide to noncertified
applicators using fumigants under their direct supervision.
    (C) Entry-restricted periods for tarped and untarped field
application scenarios.
    (D) Recordkeeping requirements.
    (E) Labeling provisions unique to fumigant products containing
certain active ingredients.
    (ii) Safety. Measures to minimize adverse health effects, including
all of the following:
    (A) Understanding how certified applicators, noncertified
applicators using fumigants under direct supervision of certified
applicators, field workers, and bystanders can become exposed to
fumigants.
    (B) Common problems and mistakes that can result in direct exposure
to fumigants.
    (C) Signs and symptoms of human exposure to fumigants.
    (D) Air concentrations of a fumigant that require that applicators
wear respirators or exit the work area entirely.
    (E) Steps to take if a fumigant applicator experiences sensory
irritation.
    (F) Understanding air monitoring, when it is required, and where
and when to take samples.
    (G) Buffer zones, including procedures for buffer zone monitoring
and who is permitted to be in a buffer zone.
    (H) First aid measures to take in the event of exposure to a soil
fumigant.
    (I) Labeling requirements for transportation, storage, spill clean
up, and emergency response for soil fumigants, including safe disposal
of containers and contaminated soil, and management of empty
containers.
    (iii) Soil fumigant chemical characteristics. Characteristics of
soil fumigants, including all of the following:
    (A) Chemical characteristics of soil fumigants.
    (B) Specific human exposure concerns for soil fumigants.
    (C) How soil fumigants change from a liquid or solid to a gas.
    (D) How soil fumigants disperse in the application zone.
    (E) Compatibility concerns for tanks, hoses, tubing, and other
equipment.
    (iv) Application. Selecting appropriate application methods and
timing, including all of the following:
    (A) Application methods, including but not limited to water-run and
non-water- run applications, and equipment commonly used for each soil
fumigant.
    (B) Site characteristics that influence fumigant exposure.
    (C) Understanding temperature inversions and their impact on soil
fumigant application.
    (D) Weather conditions that could impact timing of soil fumigant
application, such as air stability, air temperature, humidity, and wind
currents, and labeling statements limiting applications during specific
weather conditions.
    (E) Conducting pre-application inspection of application equipment.
    (F) Understanding the purpose and methods of soil sealing,
including the factors that determine which soil sealing method to use.
    (G) Understanding the use of tarps, including the range of tarps
available, how to seal tarps, and labeling requirements for tarp
removal, perforation, and repair.
    (H) Calculating the amount of product required for a specific
treatment area.
    (I) Understanding the basic techniques for calibrating soil
fumigant application equipment.
    (v) Soil and pest factors. Soil and pest factors that influence
fumigant activity, including all of the following:
    (A) Influence of soil factors on fumigant volatility and movement
within the soil profile.
    (B) Factors that influence gaseous movement through the soil
profile and into the air.
    (C) Soil characteristics, including how soil characteristics affect
the success of a soil fumigant application, assessing soil moisture,
and correcting for soil characteristics that could hinder a successful
soil fumigant application.

    (D) Identifying pests causing the damage and verifying they can be
controlled with soil fumigation.
    (E) Understanding the relationship between pest density and
application rate.
    (F) The importance of proper application depth and timing.
    (vi) Personal protective equipment. Understanding what personal
protective equipment is necessary and how to use it properly, including
all of the following:
    (A) Following labeling directions for required personal protective
equipment.
    (B) Selecting, inspecting, using, caring for, replacing, and
disposing of personal protective equipment.
    (C) Understanding the types of respirators required when using
specific soil fumigants and how to use them properly, including medical
evaluation, fit testing, and required replacement of cartridges and
canisters.
    (D) Labeling requirements and other laws applicable to medical
evaluation for respirator use, fit tests, training, and recordkeeping.
    (vii) Fumigant management plans and post-application summaries.
Information about fumigant management plans, including all of the
following:
    (A) When a fumigant management plan must be in effect, how long it
must be kept on file, where it must be kept during the application, and
who must have access to it.
    (B) The elements of a fumigant management plan and resources
available to assist the applicator in preparing a fumigant management
plan.
    (C) The person responsible for verifying that a fumigant management
plan is accurate.
    (D) The elements, purpose and content of a post-application
summary, who must prepare it, and when it must be completed.
    (viii) Buffer zones and posting requirements. Understanding buffer
zones and posting requirements, including all of the following:
    (A) Buffer zones and the buffer zone period.
    (B) Identifying who is allowed in a buffer zone during the buffer
zone period and who is prohibited from being in a buffer zone during
the buffer zone period.
    (C) Using the buffer zone table from the labeling to determine the
size of the buffer zone.
    (D) Factors that determine the buffer zone credits for application
scenarios and calculating buffer zones using credits.
    (E) Distinguishing buffer zone posting and treated area posting,
including the pre-application and post-application posting timeframes
for each.
    (F) Proper choice and placement of warning signs.
    (14) Non-soil fumigation. Applicators must demonstrate practical
knowledge of the pest problems and pest control practices associated
with performing fumigation applications of restricted use pesticides to
sites other than soil, including all the following:
    (i) Label & labeling comprehension. Familiarity with the pesticide
labels and labeling for products used to perform non-soil fumigation,
including labeling requirements specific to non-soil fumigants.
    (ii) Safety. Measures to minimize adverse health effects, including
all of the following:
    (A) Understanding how certified applicators, noncertified
applicators using fumigants under direct supervision of certified
applicators, and bystanders can become exposed to fumigants.
    (B) Common problems and mistakes that can result in direct exposure
to fumigants.
    (C) Signs and symptoms of human exposure to fumigants.
    (D) Air concentrations of a fumigant that require applicators to
wear respirators or to exit the work area entirely.
    (E) Steps to take if a fumigant applicator experiences sensory
irritation.
    (F) Understanding air monitoring, when it is required, and where
and when to take samples.
    (G) Buffer zones, including procedures for buffer zone monitoring
and who is permitted to be in a buffer zone.
    (H) First aid measures to take in the event of exposure to a
fumigant.
    (I) Labeling requirements for transportation, storage, spill clean
up, and emergency response for non-soil fumigants, including safe
disposal of containers and contaminated materials, and management of
empty containers.
    (iii) Non-soil fumigant chemical characteristics. Characteristics
of non-soil fumigants, including all of the following:
    (A) Chemical characteristics of non-soil fumigants.
    (B) Specific human exposure concerns for non-soil fumigants.
    (C) How fumigants change from a liquid or solid to a gas.
    (D) How fumigants disperse in the application zone.
    (E) Compatibility concerns for tanks, hoses, tubing, and other
equipment.
    (iv) Application. Selecting appropriate application methods and
timing, including all of the following:
    (A) Application methods and equipment commonly used for non-soil
fumigation.
    (B) Site characteristics that influence fumigant exposure.
    (C) Conditions that could impact timing of non-soil fumigant
application, such as air stability, air temperature, humidity, and wind
currents, and labeling statements limiting applications under specific
conditions.
    (D) Conducting pre-application inspection of application equipment
and the site to be fumigated.
    (E) Understanding the purpose and methods of sealing the area to be
fumigated, including the factors that determine which sealing method to
use.
    (F) Calculating the amount of product required for a specific
treatment area.
    (G) Understanding the basic techniques for calibrating non-soil
fumigant application equipment.
    (H) Understanding when and how to conduct air monitoring and when
it is required.
    (v) Pest factors. Pest factors that influence fumigant activity,
including all of the following:
    (A) Influence of pest factors on fumigant volatility.
    (B) Factors that influence gaseous movement through the area being
fumigated and into the air.
    (C) Identifying pests causing the damage and verifying they can be
controlled with fumigation.
    (D) Understanding the relationship between pest density and
application rate.
    (E) The importance of proper application rate and timing.
    (vi) Personal protective equipment. Understanding what personal
protective equipment is necessary and how to use it properly, including
all of the following:
    (A) Following labeling directions for required personal protective
equipment.
    (B) Selecting, inspecting, using, caring for, replacing, and
disposing of personal protective equipment.
    (C) Understanding the types of respirators required when using
specific non-soil fumigants and how to use them properly, including
medical evaluation, fit testing, and required replacement of cartridges
and canisters.
    (D) Labeling requirements and other laws applicable to medical
evaluation for respirator use, fit tests, training, and recordkeeping.
    (vii) Fumigant management plans and post-application summaries.
Information about fumigant management plans and when they are required,
including all of the following:
    (A) When a fumigant management plan must be in effect, how long it
must

be kept on file, where it must be kept during the application, and who
must have access to it.
    (B) The elements of a fumigant management plan and resources
available to assist the applicator in preparing a fumigant management
plan.
    (C) The person responsible for verifying that a fumigant management
plan is accurate.
    (D) The elements, purpose and content of a post-application
summary, who must prepare it, and when it must be completed.
    (viii) Posting requirements. Understanding posting requirements,
including all of the following:
    (A) Understanding who is allowed in an area being fumigated or
after fumigation and who is prohibited from being in such areas.
    (B) Distinguishing fumigant labeling-required posting and treated
area posting, including the pre-application and post-application
posting timeframes for each.
    (C) Proper choice and placement of warning signs.
    (15) Aerial pest control. Applicators must demonstrate practical
knowledge of the pest problems and pest control practices associated
with performing aerial application of restricted use pesticides,
including all the following:
    (i) Labeling. Labeling requirements and restrictions specific to
aerial application of pesticides including:
    (A) Spray volumes.
    (B) Buffers and no-spray zones.
    (C) Weather conditions specific to wind and inversions.
    (ii) Application equipment. Understand how to choose and maintain
aerial application equipment, including all of the following:
    (A) The importance of inspecting application equipment to ensure it
is in proper operating condition prior to beginning an application.
    (B) Selecting proper nozzles to ensure appropriate pesticide
dispersal and to minimize drift.
    (C) Knowledge of the components of an aerial pesticide application
system, including pesticide hoppers, tanks, pumps, and types of
nozzles.
    (D) Interpreting a nozzle flow rate chart.
    (E) Determining the number of nozzles for intended pesticide output
using nozzle flow rate chart, aircraft speed, and swath width.
    (F) How to ensure nozzles are placed to compensate for uneven
dispersal due to uneven airflow from wingtip vortices, helicopter rotor
turbulence, and aircraft propeller turbulence.
    (G) Where to place nozzles to produce the appropriate droplet size.
    (H) How to maintain the application system in good repair,
including pressure gauge accuracy, filter cleaning according to
schedule, and checking nozzles for excessive wear.
    (I) How to calculate required and actual flow rates.
    (J) How to verify flow rate using fixed timing, open timing, known
distance, or a flow meter.
    (K) When to adjust and calibrate application equipment.
    (iii) Application considerations. The applicator must demonstrate
knowledge of factors to consider before and during application,
including all of the following:
    (A) Weather conditions that could impact application by affecting
aircraft engine power, take-off distance, and climb rate, or by
promoting spray droplet evaporation.
    (B) How to determine wind velocity, direction, and air density at
the application site.
    (C) The potential impact of thermals and temperature inversions on
aerial pesticide application.
    (iv) Minimizing drift. The applicator must demonstrate knowledge of
methods to minimize off-target pesticide movement, including all of the
following:
    (A) How to determine drift potential of a product using a smoke
generator.
    (B) How to evaluate vertical and horizontal smoke plumes to assess
wind direction, speed, and concentration.
    (C) Selecting techniques that minimize pesticide movement out of
the area to be treated.
    (D) Documenting special equipment configurations or flight patterns
used to reduce off-target pesticide drift.
    (v) Performing aerial application. The applicator must demonstrate
competency in performing an aerial pesticide application, including all
of the following:
    (A) Selecting a flight altitude that minimizes streaking and off-
target pesticide drift.
    (B) Choosing a flight pattern that ensures applicator and bystander
safety and proper application.
    (C) The importance of engaging and disengaging spray precisely when
entering and exiting a predetermined swath pattern.
    (D) Tools available to mark swaths, such as global positioning
systems and flags.
    (E) Recordkeeping requirements for aerial pesticide applications
including application conditions if applicable.
    (e) Exceptions. The requirements in Sec.  171.103(a)-(d) of this
part do not apply to the following persons:
    (1) Persons conducting laboratory research involving restricted use
pesticides.
    (2) Doctors of Medicine and Doctors of Veterinary Medicine applying
restricted use pesticides to patients during the course of the ordinary
practice of those professions.

171.105  Standards for certification of private applicators.

    (a) General private applicator certification. Before using or
supervising the use of a restricted use pesticide as a private
applicator, a person must be certified by an appropriate certifying
authority as having the necessary competency to use restricted use
pesticides for pest control in the production of agricultural
commodities, which includes the ability to read and understand
pesticide labeling. Certification in this general private applicator
certification category alone is not sufficient to authorize the
purchase, use, or supervision of use of the restricted use pesticide
products in the categories listed in paragraphs (b) through (f) of this
section. Persons seeking certification as private applicators must
demonstrate practical knowledge of the principles and practices of pest
control associated with the production of agricultural commodities and
effective use of restricted use pesticides, including all of the
following:
    (1) Label and labeling comprehension. Familiarity with pesticide
labels and labeling and their functions, including all of the
following:
    (i) The general format and terminology of pesticide labels and
labeling.
    (ii) Understanding instructions, warnings, terms, symbols, and
other information commonly appearing on pesticide labels and labeling.
    (iii) Understanding that it is a violation of Federal law to use
any registered pesticide in a manner inconsistent with its labeling.
    (iv) Understanding when a certified applicator must be physically
present at the site of the application based on labeling requirements.
    (v) Understanding labeling requirements for supervising
noncertified applicators working under the direct supervision of a
certified applicator.
    (vi) Understanding that applicators must comply with all use
restrictions and directions for use contained in pesticide labels and
labeling, including being certified in the appropriate category to use
restricted use pesticides for fumigation or aerial application, or
predator control devices containing

sodium cyanide or sodium fluoroacetate, if applicable.
    (vii) Understanding the meaning of product classification as either
general or restricted use, and that a product may be unclassified.
    (viii) Understanding and complying with product-specific
notification requirements.
    (ix) Recognizing and understanding the difference between mandatory
and advisory labeling language.
    (2) Safety. Measures to avoid or minimize adverse health effects,
including all of the following:
    (i) Understanding the different natures of the risks of acute
toxicity and chronic toxicity, as well as the long-term effects of
pesticides.
    (ii) Understanding that a pesticide's risk is a function of
exposure and the pesticide's toxicity.
    (iii) Recognition of likely ways in which dermal, inhalation, and
oral exposure may occur.
    (iv) Common types and causes of pesticide mishaps.
    (v) Precautions to prevent injury to applicators and other
individuals in or near treated areas.
    (vi) Need for, and proper use of, protective clothing and personal
protective equipment.
    (vii) Symptoms of pesticide poisoning.
    (viii) First aid and other procedures to be followed in case of a
pesticide mishap.
    (ix) Proper identification, storage, transport, handling, mixing
procedures, and disposal methods for pesticides and used pesticide
containers, including precautions to be taken to prevent children from
having access to pesticides and pesticide containers.
    (3) Environment. The potential environmental consequences of the
use and misuse of pesticides, including the influence of the following:
    (i) Weather and other climatic conditions.
    (ii) Types of terrain, soil, or other substrate.
    (iii) Presence of fish, wildlife, and other non-target organisms.
    (iv) Drainage patterns.
    (4) Pests. The proper identification and effective control of
pests, including all of the following:
    (i) The importance of correctly identifying target pests and
selecting the proper pesticide product(s).
    (ii) Verifying that the labeling does not prohibit the use of the
product to control the target pest(s).
    (5) Pesticides. Characteristics of pesticides, including all of the
following:
    (i) Types of pesticides.
    (ii) Types of formulations.
    (iii) Compatibility, synergism, persistence, and animal and plant
toxicity of the formulations.
    (iv) Hazards and residues associated with use.
    (v) Factors that influence effectiveness or lead to problems such
as pesticide resistance.
    (vi) Dilution procedures.
    (6) Equipment. Application equipment, including all of the
following:
    (i) Types of equipment and advantages and limitations of each type.
    (ii) Uses, maintenance, and calibration procedures.
    (7) Application methods. Selecting appropriate application methods,
including all of the following:
    (i) Methods used to apply various forms and formulations of
pesticides.
    (ii) Knowledge of which application method to use in a given
situation and that use of a fumigant, aerial application, or predator
control device containing sodium cyanide or sodium fluoroacetate
requires additional certification.
    (iii) How selection of application method and use of a pesticide
may result in proper use, unnecessary or ineffective use, and misuse.
    (iv) Prevention of drift and pesticide loss into the environment.
    (8) Laws and regulations. Knowledge of all applicable State,
Tribal, and Federal laws and regulations, including understanding the
Worker Protection Standard in 40 CFR part 170 and the circumstances
where compliance is required.
    (9) Responsibilities for supervisors of noncertified applicators.
Certified applicator responsibilities related to supervision of
noncertified applicators, including all of the following:
    (i) Understanding and complying with requirements in Sec.  171.201
of this part for private applicators who supervise noncertified
applicators using restricted use pesticides.
    (ii) Providing use-specific instructions to noncertified
applicators using restricted use pesticides under the direct
supervision of a certified applicator.
    (iii) Explaining appropriate State, Tribal, and Federal laws and
regulations to noncertified applicators working under the direct
supervision of a certified applicator.
    (10) Stewardship. Understanding the importance of all of the
following:
    (i) Maintaining chemical security for restricted use pesticides.
    (ii) How to communicate information about pesticide exposures and
risks with agricultural workers and handlers and other persons.
    (11) Agricultural pest control. Practical knowledge of pest control
applications to agricultural commodities including all of the
following:
    (i) Specific pests of relevant agricultural commodities.
    (ii) How to avoid contamination of ground and surface waters.
    (iii) Understanding pre-harvest and restricted entry intervals and
entry-restricted periods and areas.
    (iv) Understanding specific pesticide toxicity and residue
potential when pesticides are applied to animal or animal product
agricultural commodities.
    (v) Relative hazards associated with using pesticides on animals or
places in which animals are confined based on formulation, application
technique, age of animal, stress, and extent of treatment.
    (b) Sodium cyanide predator control. In addition to satisfying the
requirements in paragraph (a) of this section, in order to use sodium
cyanide in a mechanical ejection device, private applicators must
demonstrate comprehension of all laws and regulations applicable to the
use of mechanical ejection devices for sodium cyanide, including the
restrictions on the use of sodium cyanide products ordered by the EPA
Administrator. Applicators must also demonstrate practical knowledge
and understanding of all of the specific use restrictions for sodium
cyanide devices, including safe handling and proper placement of the
capsules and device, proper use of the antidote kit, notification to
medical personnel before use of the device, conditions of and
restrictions on where devices can be used, requirements to consult U.S.
Fish and Wildlife Service maps before use to avoid affecting endangered
species, maximum density of devices, provisions for supervising and
monitoring applicators, required information exchange in locations
where more than one agency is authorized to place devices, and specific
requirements for recordkeeping, monitoring, field posting, proper
storage, and disposal of damaged or used sodium cyanide capsules.
    (c) Sodium fluoroacetate predator control. In addition to
satisfying the requirements in paragraph (a) of this section, in order
to use sodium fluoroacetate, private applicators must demonstrate
comprehension of all laws and regulations applicable to the use of
sodium fluoroacetate products, including the restrictions on the use of
sodium fluoroacetate products ordered by the EPA Administrator.
Applicators must also demonstrate practical knowledge and understanding
of the

specific use restrictions for sodium fluoroacetate in the livestock
protection collar, including where and when sodium fluoroacetate
products can be used, safe handling and placement of collars, and
practical treatment of sodium fluoroacetate poisoning in humans and
domestic animals. Applicators must also demonstrate practical knowledge
and understanding of specific requirements for field posting,
monitoring, recordkeeping, proper storage of collars, disposal of
punctured or leaking collars, disposal of contaminated animal remains,
vegetation, soil, and clothing, and reporting of suspected and actual
poisoning, mishap, or injury to threatened or endangered species,
humans, domestic animals, or non-target wild animals.
    (d) Soil fumigation. In addition to satisfying the requirements in
paragraph (a) of this section, private applicators that use or
supervise the use of a restricted use pesticide to fumigate soil must
demonstrate practical knowledge of the pest problems and pest control
practices associated with performing soil fumigant applications,
including all the following:
    (1) Label and labeling comprehension. Familiarity with the
pesticide labels and labeling for products used to perform soil
fumigation, including all of the following:
    (i) Labeling requirements specific to soil fumigants.
    (ii) Requirements for certified applicators of fumigants, fumigant
handlers and permitted fumigant handler activities, and the safety
information that certified applicators must provide to noncertified
applicators using fumigants under the direct supervision of certified
applicators.
    (iii) Entry-restricted period for different tarped and untarped
field application scenarios.
    (iv) Recordkeeping requirements imposed by product labels and
labeling.
    (v) Labeling provisions unique to products containing certain
active ingredients.
    (vi) Labeling requirements for fumigant management plans, such as
when a fumigant management plan must be in effect, how long it must be
kept on file, where it must be kept during the application, and who
must have access to it; the elements of a fumigant management plan and
resources available to assist the applicator in preparing a fumigant
management plan; the person responsible for verifying that a fumigant
management plan is accurate; and the elements, purpose and content of a
post-application summary, who must prepare it, and when it must be
completed.
    (2) Safety. Measures to minimize adverse health effects, including
all of the following:
    (i) Understanding how certified applicators, noncertified
applicators using fumigants under the direct supervision of certified
applicators, field workers, and bystanders can become exposed to
fumigants.
    (ii) Common problems and mistakes that can result in direct
exposure to fumigants.
    (iii) Signs and symptoms of human exposure to fumigants.
    (iv) Air concentrations of a fumigant that require applicators to
wear respirators or to exit the work area entirely.
    (v) Steps to take if a fumigant applicator experiences sensory
irritation.
    (vi) Understanding air monitoring, when it is required, and where
and when to take samples.
    (vii) Buffer zones, including procedures for buffer zone monitoring
and who is permitted to be in a buffer zone.
    (viii) First aid measures to take in the event of exposure to a