[Federal Register Volume 69, Number 99 (Friday, May 21, 2004)]
[Notices]
[Pages 29258-29259]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-11516]


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 Notices
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  Federal Register / Vol. 69, No. 99 / Friday, May 21, 2004 / Notices  

[[Page 29258]]



DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

[Doc. No. ST04-04]


Recordkeeping Requirements for Certified Applicators of Federally 
Restricted Use Pesticides; Section 610 Review

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Confirmation of regulations.

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SUMMARY: This document summarizes results of an Agricultural Marketing 
Service (AMS) review of regulations pertaining to Recordkeeping 
Requirements for Certified Applicators of Federally Restricted Use 
Pesticides, which requires certified applicators to maintain records of 
restricted use pesticide applications, under the criteria contained in 
section 610 of the Regulatory Flexibility Act (RFA). Based on its 
review, AMS has determined that the regulations should be continued 
without change.

ADDRESSES: Interested persons may obtain a copy of the review. Request 
for copies should be sent to Pesticide Records Branch, Science and 
Technology, AMS, USDA, 8609 Sudley Road, Suite 203, Manassas, Virginia 
20110-4582; Fax: (703) 330-6110 or e-mail: 
[email protected] or www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Bonnie Poli, Pesticide Records Branch, 
AMS, USDA, 8609 Sudley Road, Suite 203, Manassas, Virginia 20110-4582; 
telephone (703) 330-7826; Fax: (703) 330-6110; or e-mail: 
[email protected].

SUPPLEMENTARY INFORMATION: ``Recordkeeping Requirements for Certified 
Applicators of Federally Restricted Use Pesticides'', as amended (7 CFR 
part 110) 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 by 
Federal or State designated agencies, or access to record information 
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. 
The regulations were implemented under the authority of the Food, 
Agriculture, Conservation, and Trade Act of 1990, (Pub. L. 101-624; 7 
U.S.C. 136i-1).
    AMS initially published in the Federal Register (February 18, 1999 
(63 FR 8014)) its plan to review certain regulations, including the 
``Recordkeeping Requirements for Certified Applicators of Federally 
Restricted Use Pesticides'', under criteria contained in section 610 of 
the Regulatory Flexibility Act (RFA; U.S.C. 601-612). An updated plan 
was published in the Federal Register on August 14, 2003 (68 FR 48574). 
Because many AMS regulations impact small entities, AMS has decided, as 
a matter of policy, to review certain regulations which, although they 
may not meet the threshold requirement under section 610 of the RFA, 
warrant review. AMS published a notice of review and request for 
written comments on the Recordkeeping Requirements for Certified 
Applicators of Federally Restricted Use Pesticides in the Federal 
Register May 2, 2003 (68 FR 23439). During the comment period, three 
written comments in support of the regulations were received. The 
comments were received from the National Cotton Council of America, 
National Corn Growers Association and the Michigan Department of 
Agriculture.
    The AMS review was undertaken to determine whether the regulations, 
``Recordkeeping Requirements for Certified Applicators of Federally 
Restricted Use Pesticides'', should be continued without change, 
amended, or rescinded to minimize the impacts on small entities. In 
conducting the review, AMS considered the following factors: (1) The 
continued need for the rule; (2) the nature of complaints or comments 
received from the public concerning the rule; (3) the complexity of the 
rule; (4) the extent to which the rule overlaps, duplicates, or 
conflicts with other Federal rules, and, to the extent feasible, with 
State and local governmental rules; and (5) the length of time since 
the rule has been evaluated or the degree to which technology, economic 
conditions, or other factors have changed in the area affected by the 
rule.
    All three parties who commented stated that the current 
recordkeeping requirements were sufficient as written and the 
requirements of the regulations do not impose a burden that is too 
complex for the pesticide applicators to understand and follow. In 
addition, the Michigan Department of Agriculture stated, ``the program 
continues to offer agricultural producers, workers and the department a 
flexible method by which pesticide application records can be 
maintained and accessed as needed.''
    The regulations were established to provide accurate data on the 
actual use of restricted use pesticides both in the agricultural and 
non-agricultural areas. Due to the requirement to maintain restricted 
use pesticide records, the National Agricultural Statistics Service 
(NASS) has been able to collect accurate information from agricultural 
producers through their voluntary surveys. NASS has stated that the 
data collected is more accurate due to applicators referring to actual 
records when surveyed. In today's atmosphere, where there are efforts 
to expand trade internationally and there is the need to monitor the 
food supply as part of homeland security, maintaining records on 
restricted use pesticides applied to agricultural products is important 
for producers.
    Additionally, the regulations require access to restricted use 
pesticide records when needed for purposes of medical treatment. AMS 
reviewed the Worker Protection Standards (WPS) put into place by EPA in 
1994 to determine if there was a duplication of requirements between 
the two regulations. WPS provides for the posting of application 
information for both restricted and general use pesticides for worker 
safety. WPS does not require the information be maintained past the 
period of time required for posting. In addition, the WPS covers only 
agricultural production which uses agricultural labor. Therefore, AMS 
determined that although similar to the Federal pesticide recordkeeping 
regulations, WPS does not replace the need for the regulations.

[[Page 29259]]

    Based on its review, AMS has determined that the ``Recordkeeping 
Requirements for Certified Applicators of Federally Restricted Use 
Pesticides' should be continued without change.
    AMS did not receive any complaints or negative comments regarding 
the program or the regulations during the comment period of the Section 
610 review. The regulations are not complex and AMS has provided 
flexibility to certified applicators on methods to maintain the 
pesticide application records. The program has not mandated any set 
form of recordkeeping system; therefore, certified applicators are free 
to select a recordkeeping system that suits their needs. AMS has 
supported educational outreach programs and has provided materials to 
the regulated community since early 1993 in order to boost compliance 
with the regulations. To reduce the burden on small entities, AMS has 
evaluated the current State pesticide regulatory programs to identify 
regulations requiring restricted use pesticide application records and 
determined if they are comparable to the Federal regulations. For those 
States that have comparable regulations, AMS deems the State 
recordkeeping requirements equivalent to the Federal regulations. This 
allows certified pesticide applicators to maintain the records under 
the State regulations and eliminates duplicate pesticide application 
record requirements.
    AMS will continue to work with its State cooperators and the 
regulated communities to assure the intent of the Federal Pesticide 
Recordkeeping regulations are carried out with minimum burden on the 
entire regulated community.

    Dated: May 17, 2004.
Kenneth C. Clayton,
Acting Administrator, Agricultural Marketing Service.
[FR Doc. 04-11516 Filed 5-20-04; 8:45 am]
BILLING CODE 3410-02-P