[Federal Register Volume 60, Number 91 (Thursday, May 11, 1995)]
[Rules and Regulations]
[Page 25119]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-11656]
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Rules and Regulations
Federal Register
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Federal Register / Vol. 60, No. 91 / Thursday, May 11, 1995 / Rules
and Regulations
[[Page 25119]]
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 110
[SD-94-001]
RIN 0581-AB22
Recordkeeping Requirements for Certified Applicators of Federally
Restricted Use Pesticides
AGENCY: Agricultural Marketing Service (AMS).
ACTION: Final rule; delay of effective date.
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SUMMARY: The Agricultural Marketing Service (AMS), United States
Department of Agriculture, is delaying the effective date of a final
rule previously published in the Federal Register on February 10, 1995,
which amended the regulations at 7 CFR Part 110 governing recordkeeping
of federally restricted use pesticides by certified applicators. This
action delays the rule's effective date from May 11, 1995, to August 1,
1995.
EFFECTIVE DATE: The effective date of the regulation published on
February 10, 1995, amending 7 CFR Part 110, is August 1, 1995.
FOR FURTHER INFORMATION CONTACT:
Bonnie Poli, Chief, Pesticide Records Branch, Science Division, AMS,
8700 Centreville Road, Suite 200, Manassas, VA 22110, 703-330-7826.
SUPPLEMENTARY INFORMATION:
Background
As part of the Food, Agriculture, Conservation, and Trade Act of
1990 (7 U.S.C. 136i-1), Congress mandated the establishment by the
Secretary of Agriculture, in consultation with the Administrator of the
Environmental Protection Agency, of requirements for recordkeeping by
all certified applicators of federally restricted use pesticides.
The regulations at 7 CFR part 110, ``Recordkeeping Requirements for
Certified Applicators of Federally Restricted Use Pesticides,''
(hereinafter referred to as the regulations) require certified
pesticide applicators to maintain records of federally restricted use
pesticide applications for a period of 2 years. The regulations also
provide for access to pesticide records or record information by
federal or state officials, or by licensed health care professionals
when needed to treat an individual who may have been exposed to
restricted use pesticides, and penalties for enforcement of the
recordkeeping and access provisions.
On April 6, 1994, AMS published a document in the Federal Register
(59 FR 16400-16403) proposing to amend the recordkeeping regulations
for federally restricted use pesticides. The final regulations revise
the definitions of the terms ``medical emergency'' and ``licensed
health care professional,'' provide new requirements for recording
location of ``spot applications'' of federally restricted use
pesticides, reduce the time period for a certified applicator to make a
record of the application of a federally restricted use pesticide,
clarify the circumstances under which licensed health care
professionals may obtain, utilize, and release restricted use pesticide
records or record information, and clarify the penalty provisions in
the regulations. The final rule was published on February 10, 1995, (60
FR 8118-8124). The effective date of the final rule that was published
on February 10, 1995 was May 11, 1995.
Since the publication of the final rule, AMS has received a number
of comments from agricultural organizations expressing concern that the
May 11, 1995, effective date did not allow certified applicators
adequate time to be informed of the new requirements or make changes in
existing recordkeeping procedures. The May 11, 1995, effective date
also comes at the peak of spring planting season for many private
certified applicators, the majority of whom are farmers. Based on these
comments and re-evaluation of the timing of the effective date, AMS has
determined that additional time is appropriate for the final
regulations to become effective. The additional time will provide AMS
adequate time to inform certified applicators of the new pesticide
recordkeeping requirements and will reduce the burden on certified
applicators to make changes in recordkeeping procedures during the peak
of the spring planting season.
Therefore, the Effective Date of the final rule that was published
February 10, 1995, (60 FR 8118-8124), is delayed from May 11, 1995 to
August 1, 1995.
Dated: May 8, 1995.
William J. Franks, Jr.,
Director, Science Division.
[FR Doc. 95-11656 Filed 5-10-95; 8:45 am]
BILLING CODE 3410-02-M
