This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by

the Superintendent of Documents. Prices of

new books are listed in the first FEDERAL

REGISTER issue of each week.

Rules and Regulations Federal Register

25119

Vol. 60, No. 91

Thursday, May 11, 1995

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.

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

Animal and Plant Health Inspection

Service

9 CFR Parts 92 and 98

[Docket No. 94–110–2]

Limited Ports; Denver, CO

AGENCY: Animal and Plant Health

Inspection Service, USDA.

ACTION: Final rule.

SUMMARY: We are amending the

regulations concerning importation of

animals and animal germ plasm by

removing Denver, CO, from the list of

limited ports of entry for animals and

animal products that do not require

restraint or holding facilities. The port

has handled few importations and no

longer has the personnel required to

effectively provide inspection services

for this location.

EFFECTIVE DATE: June 1, 1995.

FOR FURTHER INFORMATION CONTACT: Dr.

David Vogt, Senior Staff Veterinarian,

Import/Export Products, National Center

for Import and Export, VS, APHIS, Suite

3B05, 4700 River Road, Unit 39,

Riverdale, MD 20737–1231; (301) 734–

8172.

SUPPLEMENTARY INFORMATION:

Background

The regulations in 9 CFR parts 92 and

98 (referred to below as the regulations)

restrict the importation of specified

animals, animal products, and animal

germ plasm into the United States to

prevent the introduction of various

animal diseases. The regulations

designate limited ports of entry for germ

plasm and certain animals and animal

products, such as test specimens, that
25120 Federal Register / Vol. 60, No. 91 / Thursday, May 11, 1995 / Rules and Regulations

do not require restraint or holding

facilities. Sections 92.102(d), 92.203(d),

92.303(d), 92.403(e), 92.503(e), and

98.33(d) of the regulations list the

limited ports having inspection facilities

for the importation of certain birds,

poultry and poultry products, horses

and horse products, ruminants and

ruminant products, swine and swine

products, and germ plasm, respectively.

On February 7, 1995, we published in

the Federal Register (60 FR 7137–7138,

Docket No. 94–110–1), a proposal to

amend §§ 92.102(d), 92.203(d),

92.303(d), 92.403(e), 92.503(e), and

98.33(d) of the regulations by removing

Denver, CO, from the list of limited

ports of entry for animals and animal

products that do not require restraint or

holding facilities.

We solicited comments concerning

our proposal for 60 days ending April

10, 1995. We did not receive any

comments. The facts presented in the

proposed rule still provide the basis for

this final rule.

Therefore, based on the rationale set

forth in the proposed rule, we are

adopting the provisions of the proposal

as a final rule without change. Executive

Order 12866 and Regulatory Flexibility

Act.

This rule has been reviewed under

Executive Order 12866. For this action,

the Office of Management and Budget

has waived its review process required

by Executive Order 12866.

Only certain animals and animal

products from Canada and germ plasm

have been imported into Denver, CO,

during the past several years. Therefore,

we believe that the primary impact of

this final rule will be on importers of

those animals and animal products from

Canada and importers of animal germ

plasm. These importers will no longer

be able to import these articles through

the Stapleton International Airport,

which is located in Denver, CO.

However, there have been few

shipments of animals, animal products,

or germ plasm imported through

Denver, CO, during the past year. After

removing Denver, CO, as a limited port

of entry, there are still many ports

throughout the United States that will

remain available as alternate ports,

including over 20 limited ports. Because

of the reasons provided above, we

believe that removing Denver, CO, from

the lists of limited ports will have little

if any economic impact on importers or

other entities, large or small. We do not

anticipate any change in the volume or

number of shipments of animals, animal

products, or germ plasm entering the

United States, or in the number of

persons importing them, due to

removing Denver, CO, as a limited port.

Under these circumstances, the

Administrator of the Animal and Plant

Health Inspection Service has

determined that this action will not

have a significant economic impact on

a substantial number of small entities.

Executive Order 12778

This rule has been reviewed under

Executive Order 12778, Civil Justice

Reform. This rule: (1) Preempts all State

and local laws and regulations that are

inconsistent with this rule; (2) has no

retroactive effect; and (3) does not

require administrative proceedings

before parties may file suit in court

challenging this rule.

Paperwork Reduction Act

This rule contains no new

information collection or recordkeeping

requirements under the Paperwork

Reduction Act of 1980 (44 U.S.C. 3501

et seq.).

List of Subjects

9 CFR Part 92

Animal diseases, Imports, Livestock,

Poultry and poultry products,

Quarantine, Reporting and

recordkeeping requirements.

9 CFR Part 98

Animal diseases, Imports.

Accordingly, 9 CFR parts 92 and 98

are amended as follows:

PART 92—IMPORTATION OF CERTAIN

ANIMALS AND POULTRY AND

CERTAIN ANIMAL AND POULTRY

PRODUCTS; INSPECTION AND OTHER

REQUIREMENTS FOR CERTAIN

MEANS OF CONVEYANCE AND

SHIPPING CONTAINERS THEREON

1. The authority citation for part 92

continues to read as follows:

Authority: 7 U.S.C. 1622; 19 U.S.C. 1306;

21 U.S.C. 102–105, 111, 114a, 134a, 134b,

134c, 134d, 134f, 135, 136, and 136a; 31

U.S.C. 9701; 7 CFR 2.17, 2.51, and 371.2(d).

§ 92.102 [Amended]

2. In § 92.102, paragraph (d) is

amended by removing ‘‘Denver, CO;’’.

§§ 92.203, 92.303, 92.403, and 92.503

[Amended]

3. Sections 92.203, 92.303, 92.403,

and 92.503 are amended by removing

the words ‘‘Denver, Colorado;’’ in the

following places:

(a) In § 92.203, paragraph (d);

(b) In § 92.303, paragraph (d);

(c) In § 92.403, paragraph (e); and

(d) In § 92.503, paragraph (e).

PART 98—IMPORTATION OF CERTAIN

ANIMAL EMBRYOS AND ANIMAL

SEMEN

4. The authority citation for part 98

continues to read as follows:

Authority: 7 U.S.C. 1622; 21 U.S.C. 103,

104, 105, 111, 134a, 134b, 134c, 134d, 134f,

136, and 136a; 31 U.S.C. 9701; 7 CFR 2.17,

2.51, and 371.2(d).

§ 98.33 [Amended]

5. In § 98.33, paragraph (d) is

amended by removing the words

‘‘Denver, Colorado;’’.

Done in Washington, DC, this 3rd day of

May 1995.

George O. Winegar,

Acting Administrator, Animal and Plant

Health Inspection Service.

[FR Doc. 95–11562 Filed 5–10–95; 8:45 am]

BILLING CODE 3410–34–P

9 CFR Part 94

[Docket No. 94–137–2]

Change in Disease Status of Spain

Because of Swine Vesicular Disease

AGENCY: Animal and Plant Health

Inspection Service, USDA.

ACTION: Final rule.

SUMMARY: We are declaring Spain free of

swine vesicular disease. As part of this

action, we are adding Spain to the list

of countries that, although declared free

of swine vesicular disease, are subject to

restrictions on pork and pork products

offered for importation into the United

States. There have been no outbreaks of

swine vesicular disease in Spain since

April 1993. This rule relieves certain

prohibitions and restrictions on the

importation of swine and fresh, chilled,

and frozen meat of swine into the

United States from Spain. However,

because African swine fever continues

to exist in Spain, certain pork and pork

products will continue to be prohibited.

EFFECTIVE DATE: May 26, 1995.

FOR FURTHER INFORMATION CONTACT:

Dr. John Blackwell, Senior Staff

Veterinarian, Import/Export Animals,

National Center for Import and Export,

VS, APHIS, Suite 3B05, 4700 River Road

Unit 38, Riverdale, MD 20737–1231,

(301) 734–7834.

SUPPLEMENTARY INFORMATION:

Background

The regulations in 9 CFR part 94

(referred to below as the regulations)

govern the importation into the United

States of specified animals and animal

products in order to prevent the

introduction into the United States of