[Federal Register: May 21, 2004 (Volume 69, Number 99)]
[Notices]
[Page 29258-29259]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr21my04-41]
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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.
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[[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:
amspesticide.records@usda.gov or http://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:
bonnie.poli@usda.gov.
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