[Federal Register Volume 63, Number 225 (Monday, November 23, 1998)]
[Notices]
[Page 64673]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-31183]
========================================================================
Notices
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains documents other than rules
or proposed rules that are applicable to the public. Notices of hearings
and investigations, committee meetings, agency decisions and rulings,
delegations of authority, filing of petitions and applications and agency
statements of organization and functions are examples of documents
appearing in this section.
========================================================================
Federal Register / Vol. 63, No. 225 / Monday, November 23, 1998 /
Notices
[[Page 64673]]
-----------------------------------------------------------------------
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
[S&T-98-001]
Presiding Officer Designated for Administrative Cases Involving
Violations of the Pesticide Recordkeeping Requirements of the Food,
Agriculture, Conservation and Trade Act of 1990
AGENCY: Agricultural Marketing Service, USDA.
ACTION: Notice of designation.
-----------------------------------------------------------------------
SUMMARY: The Administrator of the Agricultural Marketing Service has
designated the administrative law judges of the Office of the
Administrative Law Judges, USDA, as the Presiding Officer for
administrative civil penalty cases involving certified applicators of
restricted use pesticides who violate the recordkeeping requirements of
the Food, Agriculture, Conservation and Trade Act of 1990.
EFFECTIVE DATE: November 23, 1998.
FOR FURTHER INFORMATION CONTACT: Bonnie Poli, Chief, Pesticide Records
Branch, AMS, USDA, 8700 Centreville Road, Suite 202, Manassas, VA
20110, Telephone (703) 330-7826.
SUPPLEMENTARY INFORMATION:
Background
The Secretary of Agriculture is authorized by Section 1491 of the
Food, Agriculture, Conservation and Trade Act of 1990 (FACT Act) to
require certified applicators of restricted use pesticides (RUPs) to
maintain records of all RUP applications. The FACT Act also authorizes
the Secretary to promulgate regulations implementing the recordkeeping
requirements and to enforce those requirements by the imposition of
civil penalties for violations. A violator's first offense is subject
to a civil penalty of up to $550 and each subsequent offense is subject
to a penalty of not less than $1,100.
The Agricultural Marketing Service (AMS) promulgated regulations
implementing the recordkeeping requirements on April 9, 1993 (7 CFR
part 110). The regulations include rules of practice for administrative
civil penalty proceedings (7 CFR part 110.8), which provide that AMS
may initiate an administrative civil penalty proceeding by filing a
notice of violation with the Presiding Officer. The Presiding Officer
is defined in the regulations as ``any individual designated in writing
by the Administrator'' to preside at the proceedings (7 CFR part
110.2).
Accordingly, the Administrator of AMS hereby designates the
administrative law judges of the Office of the Administrative Law
Judges, USDA, to preside over administrative civil penalty cases
involving violations of the pesticide recordkeeping requirements of the
FACT Act and the regulations promulgated thereunder.
Dated: November 16, 1998.
Enrique E. Figueroa,
Administrator, Agricultural Marketing Service.
[FR Doc. 98-31183 Filed 11-20-98; 8:45 am]
BILLING CODE 3410-02-P
