[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
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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]
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