[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]


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 Notices
                                                 Federal Register
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 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 
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  Federal Register / Vol. 63, No. 225 / Monday, November 23, 1998 / 
Notices  

[[Page 64673]]


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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.

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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