Rule2025-08220
Rescission of Recordkeeping on Restricted Use Pesticides by Certified Applications
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
May 12, 2025
Effective
July 11, 2025
Issuing agencies
Agriculture DepartmentAgricultural Marketing Service
Abstract
This action rescinds regulations pertaining to Recordkeeping on Restricted Use Pesticides by Certified Applicators; Surveys and Reports.
Full Text
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[Federal Register Volume 90, Number 90 (Monday, May 12, 2025)]
[Rules and Regulations]
[Page 20083]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-08220]
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Rules and Regulations
Federal Register
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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.
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Federal Register / Vol. 90, No. 90 / Monday, May 12, 2025 / Rules and
Regulations
[[Page 20083]]
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 110
[Docket No. AMS-AMS-25-0019]
RIN 0581-AE38
Rescission of Recordkeeping on Restricted Use Pesticides by
Certified Applications
AGENCY: Agricultural Marketing Service (AMS), U.S. Department of
Agriculture.
ACTION: Final rule.
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SUMMARY: This action rescinds regulations pertaining to Recordkeeping
on Restricted Use Pesticides by Certified Applicators; Surveys and
Reports.
DATES: The final rule is effective July 11, 2025.
FOR FURTHER INFORMATION CONTACT: Erin Morris, Associate Administrator,
AMS, USDA, Room 2055-S, 1400 Independence Ave. SW, Washington, DC
20250; Telephone (202) 690-4024, or Email <a href="/cdn-cgi/l/email-protection#7d180f14135310120f0f140e3d080e191c531a120b"><span class="__cf_email__" data-cfemail="7a1f081314541715080813093a0f091e1b541d150c">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: The United States Department of
Agriculture's (USDA) regulations governing Recordkeeping on Restricted
Use Pesticides by Certified Applicators; Surveys and Reports are
contained in part 110 of title 7 of the Code of Federal Regulations
(CFR). These regulations set forth the requirements for recordkeeping
on restricted use pesticides by all certified private and commercial
applicators. These regulations require the Secretary of Agriculture, in
consultation with the Administrator of the Environmental Protection
Agency (EPA), to ensure certified applicators of restricted use
pesticides (described under 7 U.S.C. 136a(d)(1)(C)) maintain records
comparable to records maintained by commercial applicators of
pesticides in each State. Upon reviewing these regulations, USDA has
determined that they should be rescinded due to their obsolescence.
The record-keeping program was defunded and closed on September 30,
2012, when it was determined that the Federal funding was insufficient
to cover the costs of all State cooperators. Twenty-three State
programs have since come to operate their own programs and (1) have
implemented procedures to inspect certified applicators when complaints
are filed; or (2) they combine pesticide recordkeeping inspections with
other State and Federal inspections during one visit to a certified
private pesticide applicator. These State programs produce and
distribute their own educational outreach materials and information.
Other State programs that operated under the Federal regulations
and were no longer funded discontinued surveillance or random
inspections of certified private pesticide applicators and no longer
provided educational outreach and materials. Many of these States have
continued to conduct pesticide recordkeeping inspections when a
complaint is registered against a certified applicator in order to
support State compliance actions.
Furthermore, upon closure of the program, the EPA incorporated
training on many of the recordkeeping and reporting requirements into
Worker Protection Standards, which apply to many certified private
pesticide applicator operations.
USDA has determined that each of these reasons, independently and
alone, justifies rescission of the Recordkeeping on Restricted Use
Pesticides by Certified Applicators; Surveys and Reports regulations.
Regardless of the benefits of the regulations, USDA must not maintain
regulations that are obsolete. USDA has determined that there is no
reliance interest in an obsolete regulation. Moreover, regardless of
the lawfulness, USDA has no interest in maintaining a rule that is
obsolete.
To the extent there is any uncertainty about the costs and benefits
of the Recordkeeping on Restricted Use Pesticides by Certified
Applicators; Surveys and Reports regulations, it is the policy of USDA
to err on the side of deregulation. USDA's limited resources should be
focused on fairly and rationally enforcing a discrete and manageable
number of regulations. The regulations in Recordkeeping on Restricted
Use Pesticides by Certified Applicators; Surveys and Reports are not a
priority.
List of Subjects in 7 CFR Part 110
Administrative practice and procedure, Agricultural commodities,
Intergovernmental relations, Penalties, Pesticides and pests, Reporting
and recordkeeping requirements.
Under the authority of 7 U.S.C. 136a(d)(1)(c), 136i-1, and 450; 7
CFR 2.17, 2.50; and for the reasons set forth in the preamble, AMS
amends 7 CFR subtitle B chapter 1 as follows:
PART 110--[REMOVED]
0
1. Remove part 110.
Bruce Summers,
Administrator, Agricultural Marketing Service.
[FR Doc. 2025-08220 Filed 5-9-25; 8:45 am]
BILLING CODE P
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