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PUBLIC LAW 92-513-OCT. 20, 1972

Such rules shall prescribe the manner in which information shall be disclosed under this section and in which such information shall be retained. (b) I t shall be a violation of this section for any transferor to violate any rules under this section or to knowingly give a false statement to a transferee in making any disclosure required by such rules.

963

False statement.

PRIVATE CIVIL ACTION

SEC. 409. (a) Any person who, with intent to defraud, violates any requirement imposed under this title shall be liable in an amount equal to the sum of— (1) three times the amount of actual damages sustained or $1,500, whichever is the greater; and (2) in the case of any successful action to enforce the foregoing liability, the costs of the action together with reasonable attorney fees as determined by the court. (b) An action to enforce any liability created under subsection (a) of this section, may be brought in a United States district court without regard to the amount m controversy, or in any other court of competent jurisdiction, within two years from the date on which the liability arises.

Statute of limitation.

INJUNCTIVE ENFORCEMENT

SEC. 410. (a) Upon petition by the Attorney General on behalf of the United States, the United States district courts shall have jurisdiction, for cause shown and subject to the provisions of rule 65 (a] and (b) of the Federal Rules of Civil Procedure, to restrain violations of this title. Whenever practicable, the Secretary shall give notice to any person against whom an action for injunctive relief is contemplated and afford him an opportunity to present his views. The failure to give such notice and afford such opportunity shall not preclude the granting of appropriate relief. (b) Paragraphs (3) and (4) of section 107(b) shall applj^ to actions under this section in the same manner as they apply to actions under section 107. EFFECT ON STATE LAW

SEC. 411. This title does not ^ (1) annul, alter, or affect the laws of any State with respect to the disconnecting, altering, or tampering with odometers with the intent to defraud, or (2) exempt any person subject to the provisions of this title from complying with such laws, except to the extent that those laws are inconsistent with any provision of this title, and then only to the extent of the inconsistency. EFFECTIVE DATE

SEC. 412. This title (other than section 408(a)) shall take effect ninety calendar days following the date of enactment of this Act. Section 408(a) shall take effect on the date of enactment of this Act. REPORT

SEC. 413. One year after the date of enactment of this Act, the Secretary shall report to the Congress and to the President on the extent to which the reliability of odometers can be improved, on the technical feasibility of producing odometers which are tamper proof, and on the Secretary's plans and recommendations for future action. Approved October 20, 1972.

28 USC app. Notice, hearing opportunity.

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 964

PUBLIC LAW 92-514-OCT. 20, 1972 Public Law 92-514

October 20, 1972 [S. 520]

Reclamation Project Authorization Act of 1972.

[86

STAT.

- - -'^...i'...^,.

AN ACT To authorize the Secretary of the Interior to construct, operate, and maintain various Federal reclamation projects, and for other purposes.

Be it enacted by the Senate and House of Representatives of the Cnited States of America in Congress assembled. That this Act shall be known as the Reclamation Project Authorization Act of 1972. TITLE I '

' ""'^ ' " '

''"^

''^'

CLOSED B A S I N DIVISION, SAN L U I S VALLEY P R O J E C T, COLORADO

43 USC 371 note.

33 USC 1151 note. control system.

SEC. 101. The Secretary of the Interior is authorized to construct, operate, and maintain the closed basin division, San Luis Valley project, Colorado, including channel rectification of the Rio Grande between the uppermost point of discharge into the river of waters salvaged by the project, and the Colorado-New Mexico State line, so as to provide for the carriage of water so salvaged without flooding of surrounding lands, to minimize losses of waters through evaporation, transpiration, and seepage, and to provide a conduit for the reception of waters salvaged by drainage projects undertaken in the San Luis Valley below Alamosa, Colorado, in accordance with the Federal reclamation laws (Act of June 17, 1902, 32 Stat. 388, and Acts amendatory thereof or supplementary thereto), and as otherwise provided in this Act, for the principal purposes of salvaging, regulating, and furnishing water from the closed basin area of Colorado; transporting such Avater into the Rio Grande; making water available for fulfilling the United States obligation to the United States of Mexico in accordance with the treaty dated May 21, 1906 (34 Stat. 2953); furnishing irrigation water, industrial water, and municipal water supplies to water deficient areas of Colorado, New Mexico, and Texas through direct diversion and exchange of water; establishing the Mishak National Wildlife Refuge and furnishing a water supply for the operation of the Mishak National Wildlife Refuge and the Alamosa National Wildlife Refuge and for conservation and development of other fish and wildlife resources; providing outdoor recreational opportunities; augmenting the flow of the Rio Grande; and other useful purposes, in substantial accordance with the engineering plans set out in the report of the Secretary of the Interior on this project: Provided, That no wells of the project, other than observation wells, shall be permitted to penetrate the aquiclude, or first confining clay layer. (b) Construction of the project may be undertaken in such units or stages as in the determination of the Secretary wall best serve project requirements and meet water needs: Provided, That construction of each of the successive units or stages after stage 1 of said project shall be undertaken only with the consent of the Colorado Water Conservation Board and the Rio Grande Water Conservation District of the State of Colorado. (c) The closed basin division, San Luis Valley project, Colorado, shall be operated in such manner that the delivery of water to the river and return flows of water will not cause the Rio Grande system to be in violation of water quality standards promulgated pursuant to the Water Quality Act of 1965 (79 Stat. 903). S E C 102. (a) Prior to commencement of construction of any part of the project, except channel rectification, there shall be incorporated into the project plans a control system of observation wells, which shall be designed to provide positive identification of any fluctuations

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PUBLIC LAW 92-514-OCT. 20, 1972

in the water table of the area surrounding the project attributable to operation of the project or any part thereof. Such control system, or so much thereof as is necessary to provide such positive identification with respect to any stage of the project, shall be installed concurrently with such stage of the project. (b) The Secretary shall operate project facilities in a manner that will not cause the water table available for any irrigation or domestic wells in existence prior to the construction of the project to drop more than two feet and in a manner that will not cause reduction of artesian flows in existence prior to the construction of the project. SEC. 103. There is hereby established an operating committee consisting of one member appointed by the Secretary, one member appointed by the Colorado Water Conservation Board, and one member appointed by the Rio Grande Water Conservation District, which is authorized to determine from time to time whether the requirements of section 102 of this Act are being complied with. The committee shall inform the Secretary if the operation of the project fails to meet the requirements of section 102 or adversely affects the beneficial use of water in the Rio Grande Basin in Colorado as defined in article 1(c) of the Rio Grande compact (53 Stat. 785). Upon receipt of such information the Secretary shall modify, curtail, or suspend operation of the project to the extent necessary to comply with such requirements or eliminate such adverse effect. SEC. 104. (a) Except as hereinafter provided, project costs shall be nonreimbursable. (b) After the project or any phase thereof has been constructed and is operational, the Secretary shall make water available in the following listed order of priority: (1) To assist in making the annual delivery of water at the gaging station on the Rio^ Grande near Lobatos, Colorado, as required by article III of the Rio Grande compact: Provided, That the total amount of water delivered for this purpose shall not exceed an aggregate of six hundred thousand acre-feet for any period of ten consecutive years reckoned in continuing progressive series beginning with the first day of January next succeeding the year in which the Secretary determined that the project authorized by this Act is operational. (2) To maintain the Alamosa National Wildlife Refuge and the Mishak National Wildlife Refuge: Provided, That the amount of water delivered to the Alamosa National Wildlife Refuge shall not exceed five thousand three hundred acre-feet annually, and the water delivered to the Mishak National Wildlife Refuge shall not exceed twelve thousand five hundred acre-feet annually. (3) To apply to the reduction and elimination of any accumulated deficit in deliveries by Colorado as is determined to exist by the Rio Grande Compact Commission under article VI of the Rio Grande compact at the end of the compact water years in which the Secretary first determines the project to be operational. (4) For irrigation or other beneficial uses in Colorado: Provided, That no water shall be delivered until agreements between the United States and water users in Colorado, or the Rio Grande Water Conservation District acting for them, have been executed providing for the repayment of such costs as in the opinion of the Secretar^'^ are appropriate and within the ability of the users to pay. SEC. 105. Construction of the project shall not be started until the State of Colorado agrees that it will, as its participation in the project, convey to the United States easements and rights-of-way over lands owned by the State that are needed for wells, channels, laterals, and

965

Water table.

Committee, establishment.

Water delivery.

Gaging station, Labatos, Colo.

Alamosa and Mishak National Wildlife Refuges.

Easements, rights-of-way.

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 966 Land acquisition.

Fish and wildlife resources.

79 Stat. 213. 16 USC 460M2 note. Transfer of functions.

Limitation.

Appropriation.

PUBLIC LAW 92-514-OCT. 20, 1972

[86 STAT.

wildlife refuge areas, as identified in the project plan. Acquisition of privately owned land shall, where possible and consistent with the development of the project, be restricted to easements and rights-ofway in order to minimize the removal of land from local tax rolls. SEC. 106. Conservation and development of the fish and wildlife resources and the enhancement of recreation opportunities in connection with the closed basin division of the San Luis Valley project works authorized by this Act shall be accordance with the provisions of the Federal Water Project Recreation Act (70 Stat. 213). SEC. 107. The Secretary is authorized to transfer to the State of Colorado or to any qualified agency or political subdivision of the State, or to a water users' organization, responsibility for the care, operation, a]id maintenance of the project works, or any part thereof. The agency or organization assuming such obligation shall obligate itself to operate the project works in accordance with regulations prescribed by the Secretary. SEC. 108. Nothing contained in this Act shall be construed to abrogate, amend, modify, or be in conflict with any provisions of the Rio Grande compact; or to shift any legal burden of delivery from the Rio Grande or the Conejos River to the closed basin. SEC. 109. There is hereby authorized to be appropriated for construction of the closed basin division of the San Luis Valley project the sum of $18,246,000 (April 1972 prices), plus or minus such amounts, if any, as may be justified by reason of ordinary fluctuation in construction costs as indicated by engineering cost indexes applicable to the types of construction involved herein, and such additional sums as may be required for operation and maintenance of the project. TITLE II BRANTLEY PROJECT, PECOS RIVER BASIN, NEW MEXICO

43 USC 371 note.

SEC. 201. The Secretary of the Interior is authorized to construct, operate, and maintain the Brantley project, Pecos River Basin, New Mexico, in accordance with the Federal reclamation laws (Act of June 17, 1902, 32 Stat. 388, and Acts amendatory thereof or supplementary thereto) and the provisions of this Act and the plan set out in the report of the Secretary on this project, with such modification of, omissions from, or additions to the works, as the Secretary may find proper and necessary for the purposes of irrigation, flood control, fish and wildlife and recreation, and for the elimination of the hazards of failure of McMilland and Avalon Dams: Provided, That the Secretary of the Interior shall operate the existing Alamogordo Dam and Reservoir unit: And provided further, That the Secretary of the Interior shall familiarize himself with the water rights of appropriators of water from the Pecos River and shall promulgate criteria for the operation of the Brantley project and other irrigation storage projects on the Pecos River in the State of New Mexico that will preclude any detrimental effect on water rights in the Pecos River so that appropriators of water will not be adversely and unreasonably affected by such operations. SEC. 202. The conservation and development of the fish and wildlife resources and the enhancement of recreation opportunities in connection with the Brantley project shall be in accordance with the provisions of the Federal Water Project Recreation Act (79 Stat. 213).

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1972

967

SEC. 203. Nothing in this Act shall be construed to alter, amend, repeal, modify, or be in conflict with the provisions of the Pecos River Compact, 1948, consented to by the Congress in the Act of June 9, 1949 (63 Stat. 159). SEC. 204. The costs allocated to flood control and the safety of dams purposes of the project shall be nonreimbursable and nonreturnable. The repayment of costs allocated to recreation and fish and wildlife enhancement shall be in accordance with the provisions of the Federal Water Project Recreation Act (79 Stat. 213). le use 460/-12 SEC. 205. The interest rate used for computing interest during con- ""'j^j^^^gt ^^^^ struction and interest on the unpaid balance of the reimbursable costs of the Brantley project shall be determined by the Secretary of the Treasury, as of the beginning of the fiscal year in which construction on the project is commenced, on the basis of the computed average interest rate payable by the Treasury upon its outstanding marketable public obligations which are neither due nor callable for redemption for fifteen years from date of issue. SEC. 206*! There is hereby authorized to be appropriated for con- Appropriation, struction of the Brantley project the sum of $45,605,000 (based on July 1971 prices), plus or minus such amounts, if any, as may be justified by reason of changes in construction costs as indicated by engineering cost indexes applicable to the types of construction involved and, in addition thereto, sums as may be required for operation and maintenance of the project. TITLE III S A L M O N FALLS D IV I S I O N, U P P E R S N A K E RIVER P R O J E C T, I D A H O

SEC. 301. For the primary purposes of providing irrigation water supplies and the enhancement of fish and wildlife resources, and other purposes, the Secretary of the Interior, acting pursuant to the Federal reclamation laws (Act of June 17, 1902, 32 Stat. 388, and Acts amendatory thereof or supplementary thereto), is authorized to construct, '•^ use 371 operate, and maintain the Salmon Falls division. Upper Snake River project, Idaho. The principal works of the divisions shall consist of the Milner pumping plant, the Milner-Salmon Falls Canal, relift pumping stations, water distribution facilities, wells to provide supplemental water, drainage facilities, and related works. The wells to provide supplemental water, authorized by this Act, shall be so located that the irrigation water produced therefrom can be delivered to the lands of the Salmon Falls division without the requirement for water rights exchange agreements between the Salmon River Canal Company and the North Side Canal Company of Jerome, Idaho. SEC. 302. Any exchanges of water which may be required in con- water exchanges, nection with the operation of the division authorized by this title shall be made in conformity with applicable State law and shall in no way jeopardize, diminish, or otherwise alter contractual rights and obligations now in existence or water rights acquired under State law, and shall be without prejudice to, but in enjoyment of, the rights of the appropriator participating in the exchange as a use under his original appropriation. Existing water users shall bear no additional costs as a consequence of any exchange in their service area. SEC. 303. Irrigation repayment contracts shall provide, with respect mi"/cont'rac^i'^^' to any contract unit, for repayment of the irrigation construction costs assigned to the irrigators for repayment over a period of not more than fifty years, exclusive of any development period authorized by 82-081 O - 73 - 64

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 968

16 USC 460/-12 note.

Interest rate.

68 Stat. 902. Appropriation.

PUBLIC LAW 92-514-OCT. 20, 1972

[86 STAT.

law. Construction costs allocated to irrigation beyond the ability of irrigators to repay shall be charged to and returned to the reclamation fund in accordance with the provisions of section 2 of the Act of June 14, 1966 (80 Stat. 200), as amended by section 6 of the Act of September 7, 1966 (80 Stat. 707). SEC. 304. The provision of lands, facilities, and project modifications which furnish fish and wildlife benefits in connection with the Salmon Falls division shall be in accordance with the Federal Water Project Recreation Act (79 Stat. 213). SEC. 305. Power and energy required for irrigation water pumping for the Salmon Falls division shall be made available by the Secretary from the Federal Columbia River power system at charges determined by him. gj,^ ^QQ -pj^g lutercst rate used for computing interest during construction and interest on the unpaid balance of the reimbursable costs of the Salmon Falls division shall be determined by the Secretary of the Treasury, as of the beginning of the fiscal year in which construction on the division is commenced, on the basis of the computed average interest rate payable by the Treasury upon its outstanding marketable public obligations which are neither due nor callable for fifteen years from date of issue. SEC. 307. For a period of ten years from the date of enactment of this Act, no water from the project authorized by this Act shall be delivered to any water user for the production on newly irrigated lands of any basic agricultural commodity, as defined in the Agricultural Act of 1949 (63 Stat. 1051; 7 U.S.C. 1421), or any amendment thereof, if the total supply of such commodity for the marketing year in which the bulk of the crop would normally be marketed is in excess of the normal supply as defined in section 301(b) (10) of the Agricultural Adjustment Act of 1938 (62 Stat. 1251; 7 U.S.C. 1301), as amended, unless the Secretary of Agriculture calls for an increase in production of such commodity in the interest of national security. g^Q, 308. There is hereby authorized to be appropriated for construction of the works herein authorized and for the acquisition of the necessary land and rights the sum of $62,258,000 (January 1972 prices), plus or minus such amounts, if any, as may be required by reason of changes in the cost of construction work of the types involved therein as shown by engineering cost indexes. There are also authorized to be appropriated such sums as may be required for the operation and maintenance of said division. TITLE IV O ' N E E L L U N I T, P I C K - S L O A N MISSOURI BASIN PROGRAM, NEBRASKA

43 USC 371 note

SEC. 401. The O'Neill unit, heretofore authorized as an intregal part of the Pick-Sloan Missouri Basin program by the Act of August 21, 1954 (68 Stat. 757), is hereby reauthorized as a unit of that project for the purposes of providing irrigation water for seventy-seven thousand acres of land, flood control, fish and wildlife conservation and development, public outdoor recreation, and for other purposes. The construction, operation, and maintenance of the O'Neill unit shall be subject to the Federal reclamation laws (Act of June 17, 1902, 32 Stat. 388, and Acts amendatory thereof or supplementary thereto). The principal features of the unit shall include Norden Dam and Reservoir, related canals, a pumping plant, distribution systems, and other necessary works needed to effect the aforesaid purposes.

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PUBLIC LAW 92-514-OCT. 20, 1972

969

Fish and wildSEC. 402. The conservation and development of the fish and wildlife life resources. resources and the enhancement of recreation opportunities in connection with the O'Neill unit shall be in accordance with provisions of 16 USC 460Z-12 the Federal Water Project Recreation Act (79 Stat. 213). SEC. 403. The O'Neill unit shall be integrated physically and note. financially with the other Federal works constructed under the comprehensive plan approved by section 9 of the Flood Control Act of Decem58 Stat. 891; ber 22, 1944, as amended and supplemented. 84 Stat. 75. SEC. 404. The interest rate used for purposes of computing interest Interest rate. during construction and interest on the unpaid balance of the capital costs allocated to interest-bearing features of the project shall be determined by the Secretary of the Treasury, as of the beginning of the fiscal year in which construction is initiated, on the basis of the computed average interest rate payable to the Treasury upon its outstanding marketable public obligations, which are neither due nor callable for redemption for fifteen years from date of issue. Water use, SEC. 405. For a period of ten years from the date of enactment of restriction. this Act, no water from the project authorized by this Act shall be delivered to any water user for the production on newly irrigated lands of any basic agricultural commodity, as defined in the Agricultural Act of 1949 (63 Stat. 1051; 7 U.S.C. 1421 note), or any amendment thereof, if the total supply of such commodity for the marketing year in which the bulk of the crop would normally be marketed is in excess of the normal supply as defined in section 301(b) (10) of the Agricultural Adjustment Act of 1938 (62 Stat. 1251; 7 U.S.C. 1301), as amended, unless the Secretary of Agriculture calls for an increase 68 Stat. 902. in production of such commodity in the interest of national security. SEC. 406. There is hereby authorized to be appropriated for construc- Appropriation. tion of the O'Neill unit as authorized in this Act the sum of $113,300,000 (based upon January 1972 prices), plus or minus such amounts, if any, as may be justified by reason of ordinary fluctuations in construction involved herein. There are also authorized to be appropriated such additional sums as may be required for operation and maintenance of the unit. TITLE V NORTH LOUP DIVISION, PICK-SLOAN MISSOURI BASIN PROGRAM, NEBRASKA

SEC. 501. The North Loup division heretofore authorized as an integral part of the Missouri River Basin project by section 9 of the Flood Control Act of December 22, 1944, as amended and supplemented, is hereby reauthorized as a unit of that project for the purposes of providing irrigation water for fifty-three thousand acres of land, enhancement of outdoor recreation opportunities, conservation and development of fish and wildlife resources, and for other purposes. The principal features of the North Loup division shall include Calamus and Davis Creek Dams and Reservoirs, Kent diversion works; irrigation canals; pumping facilities; associated irrigation distribution and drainage works; facilities for public outdoor recreation and fish and wildlife developments; and other necessary works and facilities to effect its purposes. SEC. 502. The interest rate used for purposes of computing interest during construction and interest on the unpaid balance of the capital costs allocated to interest-bearing features of the project shall be determined by the Secretary of the Treasury, as of the beginning of the fiscal year in which construction is initiated, on the basis of the computed average interest rate payable by the Treasury upon its

Reauthorization..

Interest rate.

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 970

PUBLIC LAW 92-515-OCT. 21, 1972

Fish and wildlife resources. 16 USC 460Z-12 note.

84 Stat. 75.

Water use, restriction.

68 Stat. 902. Appropriation.

[86 STAT.

outstanding marketable public obligations, which are neither due nor callable for redemption for fifteen years from date of issue. SEC. 503. The conservation and development of the fish and wildlife resources and the enhancement of recreation opportunities in connection with the North Loup division shall be in accordance with provisions of the Federal Water Project Recreation Act (79 Stat. 213). SEC. 504. The North Loup division shall be integrated, physically and financially, with the other Federal works in the Missouri Basin constructed or authorized to be constructed under the comprehensive plans approved by section 9 of the Act of December 22, 1944 (58 Stat. 891), as amended and supplemented. SEC. 505. The North Loup division shall be so constructed and operated that no water shall be diverted from either the Calamus or the North Loup Rivers for any use by the division during the months of July and August each year; and no water shall be diverted from said rivers during the month of September each year whenever during said month there is sufficient water available in the division storage reservoirs to deliver the design capacity of the canals receiving water from said reservoirs. SEC. 506. For a period of ten years from the date of enactment of this Act, no water from the project authorized by this Act shall be delivered to any water user for the production on newly irrigated lands of any basic agricultural commodity, as defined in the Agricultural Act of 1949 (63 Stat. 1051; 7 U.S.C. 1421 note), or any amendment thereof, if the total supply of such commodity for the marketing year in which the bulk of the crop would normally be marketed is in excess of the normal supply as defined in section 301(b) (10) of the Agricultural Adjustment Act of 1938 (62 Stat. 1251; 7 U.S.C. 1301), as amended, unless the Secretary of Agriculture calls for an increase in production of such commodity in the interest of national security. SEC. 507. There is hereby authorized to be appropriated for construction of the North Loup division as authorized in this Act the sum of $79,500,000 (based upon January 1972 prices), plus or minus such amounts, if any, as may be justified by reason of ordinary fluctuations in construction costs as indicated by engineering costs indexes applicable to the types of construction involved herein. There are also authorized to be appropriated such additional sums as may be required for operation and maintenance of the division. Approved October 20, 1972. Public Law 92-515

October 21, 1972

AN ACT

[H. R. 11032]

rjQ enable the blind and the otherwise physically disabled to participate fully in the social and economic life of the District of Columbia.

Be it enacted by the Senate and House of Representatives ._ United States of America in Congress assembled, phys

D.C. Blind and cally disabled persons. Rights.

of the

EQUAL ACCESS TO PUBLIC PLACES

1. The blind and the otherwise physically disabled have the same right as the able bodied to the full and free use of the streets, highways, sidewalks, walkways, public buildings, public facilities, and other public places in the District of Columbia. SECTION

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VAN DIE REPUBLIEK VAN SUID-AFRIKA

REPUBLIC OF SOUTH AFRICA


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PUBLIC LAW 92-515-OCT. 21, 1972

971

E Q U A L ACCESS TO P U B L I C ACCOMMODATIONS A N D CON\TEYANCES

SEC. 2. (a) The blind and the otherwise physically disabled are entitled to full and equal accommodations, advantages, facilities, and privileges of all common carriers, airplanes, motor vehicles, railroad trains, motor buses, street cars, boats, or any other public conveyances or modes of transportation in the District of Columbia, hotels, lodging places, places of public accommodation, amusement, or resort, and other places to which the general public is invited in the District of Columbia, subject only to the conditions and limitations established by law or in accordance with law applicable alike to all persons. (b) Every blind person shall have the right to be accompanied by a dog guide, especially trained for the purpose, in any of the places, accommodations, or conveyances listed in subsection (a), without being required to pay an extra charge for the dog guide; but any blind person so accompanied shall be liable for any damage done to the premises or facilities by such dog. SAFETY STANDARDS FOR DRIVERS OF MOTOR V E H I C L E S

SEC. 3. The driver of a vehicle in the District of Columbia approaching a blind pedestrian who is carrying a cane predominantly white or metallic in color (with or without a red tip) or using a dog guide shall take all necessary precautions to avoid injury to such blind pedestrian, and any driver who fails to take such precautions shall be liable in damages for any injury caused such pedestrian. A blind pedestrian in the District of Columbia not carrying such a cane or using a dog guide in any of the places, accommodations, or conveyances listed in sections 1 and 2 shall have all of the rights and privileges conferred by law on other persons, and the failure of such a blind pedestrian to carry such a cane or to use a dog guide in any such places, accommodations, or conveyances shall not be held to constitute nor be evidence of contributory negligence. DISCRIMINATION I N

EMPLOYMENT

SEC. 4. The blind and the otherwise physically disabled shall be employed by— (1) every individual, partnership, firm, association, or corporation, or the receiver, trustee, or successor thereof (exclusive of the Government of the United States or any agency thereof), doing business, and employing any individual for the purpose of such business, in the District of Columbia, and (2) the government of the District of Columbia, the Board of Education of the District of Columbia, the Board of Vocational Education of the District of Columbia, the Board of Higher Education of the District of Columbia, and the Executive Officer of the District of Columbia courts, and all other employers supported in whole or in part by appropriations for the District of Columbia, on the same terms and conditions as the able bodied, unless it is shown that the particular disability prevents the performance of the work involved.

°°^ glides.

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 972

PUBLIC LAW 92-515-OCT. 21, 1972 EQUAL. ACCESS TO HOUSING

Dog guides.

[86 STAT. '

'

SEC. 5. (a) Blind persons and other physically disabled persons shall be entitled to full and equal access, as other members of the general public, to all housing accommodations offered for lent, lease, or compensation in the District of Columbia, subject to the conditions and limitations established by law or in accordance with law and applicable alike to all persons. (b) Every blind person who has a dog guide, or who obtains a dog guide, shall be entitled to full and equal access to all housing accommodations referred to in this section, without being required to pay an extra charge for the dog guide; but such blind person shall be liable for any damage done to the premises by such dog. (c) Nothing in this section shall require any person renting, leasing, or providing real property for compensation in the District of Columbia to modify his property in any way or to provide a higher degree of care for a blind person or otherwise physically disabled person than for a person who is not physically disabled. -!fo,iiO'i'.M'':

PENALTY

 * i9'^ i'. fo'i^

SEC. 6. Any person or the agent of any person in the District of Columbia who denies or interferes with admittance to or enjoyment of any of the places, accommodations, or conveyances listed in sections 1 and 2 or otherwise interferes with the rights of a blind or otherwise disabled person under sections 1, 2, 4, and 5 shall be imprisoned for not longer than ninety days, or fined not more than $300, or both. WHITE CANE SAFETY DAY

Commissioner gj-p 7 Each year, the Commissioner of the District of Columbia mationauthoriza- shall take Suitable public notice of October 15 as White Cane Safety ti°"Day. He shall issue a proclamation commenting upon the significance of the white cane, and calling upon the citizens of the District of Columbia to observe the provisions of this Act, to be aware of the presence of disabled persons in the community, to keep safe and functional for the disabled the streets, highways, sidewalks, walkways, public buildings, public facilities, other public places, places of public accommodation, amusement, and resort, and other places to which the public is invited, and to oflFer assistance to disabled persons ' upon appropriate occasions.

DEFINITION

SEC. 8. For purposes of this Act— (1) The term "blind person" means, and the term "blind" refers to, a person who is totally blind, has impaired vision of not more than 20/200 visual acuity in the better eye and for whom vision cannot be improved to better than 20/200, or who has loss of vision due wholly or in part to impairment of field vision or to other factors which affect the usefulness of vision to a like degree. (2) The term "otherwise physically disabled" refers to an individual who has a medically determinable physical impairment (other than blindnessj which interferes with his ability to move about, to assist himseli, or to engage in an occupation. Approved October 21, 1972.

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PUBLIC LAW 92-516-OCT. 21, 1972

973

Public Law 92-516 AN ACT

October 21, 1972 TH R 107291

To amend the Federal Insecticide, Fungicide, and Rodenticide Act, and for —LJ—I other purposes.

i—

Be it enacted by the Senate and House of Representatives of the Federa United States of America in Congress assembled, That this Act may romental l PE n tvires be cited as the "Federal Environmental Pesticide Control Act of 1972. cide Control Act of 1972. AMENDMENTS TO FEDERAL I N S E C T I C n) E, F U N G I C I D E, A N D RODENTICIDE ACT

SEC. 2. The Federal Insecticide, Fungicide, and Eodenticide Act (7 U.S.C. 135 et seq.) is amended to read as follows: ^^sta!?Vgo!^' "SECTION 1. SHORT TITLE AND TABLE OF CONTENTS. " (a) SHORT TITLE.—This Act may be cited as the 'Federal Insecticide, Fungicide, and Rodenticide Act'. "(b)

TABLE OF CONTENTS.—

"Section 1. Short title and table of contents, "(a) Short title. "(b) Table of contents. ''Sec. 2. Definitions. "(a) Active ingredient. "(b) Administrator. "(c) Adulterated. "(d) Animal. "(e) Certified applicator, etc. "(1) Certified applicator. "(2) Private applicator. "(3) Commercial applicator. "(4) Under the direct supersusion and control of a certified applicator. "(f) Defoliant. "(g) Desiccant. "(h) Device, "(i) District court. "(j) Environment. "(k) Fungus. "(1) Imminent hazard. "(m) Inert ingredient. "(n) Ingredient statement. "(o) Insect. "(p) Isabel and labeling. "(1) Label. "(2) Labeling. "(q) Misbranded. " (r) Nematode. "(s) Person. "(t) Pest. "(u) Pesticide. "(v) Plant regulator. "(w) Producer and produce. "(x) Protect health and the environment. "(y) Registrant. "(z) Registration. "(aa) State. "(bb) Unreasonable adverse effects on the environment, "(cc) Weed, "(dd) Establishment. 'Sec. 3. Registration of pesticides, "(a) Requirement. "(b) Exemptions. "(c) Procedure for registration. "(1) Statement required. " (2) Data in support of registration. " (3) Time for acting with respect to application. "(4) Notice of application. "(5) Approval of registration. "(6) Denial of registration.

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104 the almighty power and greatness of God as far as the human mind can comprehend them. Recognizing that God's design in creating you was, that you should know him and love him, you should never cease for one moment to walk with humility and prayer in the path of obedience. Regard this world as the place to sow seed for eternity, and after taking such a portion from this world as may give you strength to take the journey to the other world, turn away from whatever is more than this. Realize that the future world is the place for enjoyment and happiness which is eternal, and the land to behold the excellence and beauty of the Lord; and make it your purpose, divine and omniscient grace assisting you, never to cease from the pursuit of them, but to secure as your prey, the phœnix of felicity and happiness.

O traveller on the way and seeker after the love of God! know that the love of God is a sure and perfect method for the believer to attain the object of his desires. It is a highly exalted station of rest, during the journey of the celestial traveller. It is the consummation of the desires and longings of those who seek divine truth. It is the foundation of the vision of the beauty of the Lord.

The love of God is of the most binding obligation upon every one. It is indeed the spirit of the body, and the light of the eye. The prophet of God declares that the faith of the believer is not complete, unless he love God and his prophet more than all the world besides. The prophet was

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"Sec.

"Sec.

^ "Sec.

"See.

"Sec. "Sec.

"Sec. "Sec. "Sec. "Sec.

"Sec.

"Sec

[86 STAT.

"(d) Classification of pesticides. "(1) Classification for general use, restricted use, or both. "(2) Change in classification. "(e) Products with same formulation and claims. "(f) Miscellaneous. " (1) Effect of change of labeling or formulation. "(2) Registration not a defense. "(3) Authority to consult other Federal agencies. 4. Use of restricted use pesticide; certified applicators, "(a) Certification procedure. "(1) Federal certification. "(2) State certification. "(b) State plans. 5. Experimental use permits, "(a) Issuance. "(b) Temporary tolerance level. "(c) Use under permit. "(d) Studies. "(e) Revocation. 6. Administrative review; suspension. "(a) Cancellation after five years. "(1) Procedure. "(2) Information. "(b) Cancellation and change in classification. "(c) Suspension. "(1) Order. "(2) Expedite hearing. "(3) Emergency order. "(4) Judicial review. •' (d) Public hearings and scientific review. "(e) Judicial review. 7. Registration of establishments, "(a) Requirement. "(b) Registration. "(c) Information required. "(d) Confidently records and information. 8. Books and records. "(a) Requirement. "(b) Inspection. 9. Inspection of establishments, etc. "(a) In general. "(b) Warrants. "(c) Enforcement. " (1) Certification of facts to Attorney General. "(2) Notice not required. "(3) Warning notices. 10. Protection of trade secrets, etc. "(a) In general. "(b) Disclosure. 11. Standards applicable to pesticide applicators. " (a) In general. "(b) Separate standards. 12. Unlawful acts. "(a) In general. "(b) Exemptions. 13. Stop sale, use, removal, and seizure, "(a) Stop sale, etc., orders. "(b) Seizure. "(c) Disposition after condemnation. "(d) Court costs, etc. 14. Penalties. " (a) Civil penalties. "(1) In general. "(2) Private pesticide applicator. "(3) Hearing. "(4) References to Attorney General. "(b) Criminal penalties. "(1) In general. "(2) Private pesticide applicator. "(3) Disclosure of information. "(4) Acts of ofllcers, agents, etc. 15. Indemnities. " (a) Requirement. "(b) Amount of payment. .,i<. ' "(1) In general. "(2) Special rule.

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"Sec. 16. Administrative procedure; judicial review. "(a) District court review, "(b) Review by Court of Appeals. "(c) Jurisdiction of district courts. "(d) Notice of judgments. "Sec. 17. Imports and exports. " (a) Pesticides and devices intended for export. " (b) Cancellation notices furnished to foreign governments. "(c) Importation of pesticides and devices. "(d) Cooperation in international efforts. "(e) Regulations. "Sec. 18. Exemption of Federal agencies. "Sec. 19. DisiK)sal and transportation, "(a) Procedures. "(b) Advice to Secretary of Transportation. "Sec. 20. Research and monitoring. "(a) Research. "(b) National monitoring plan. "(c) Monitoring. "Sec. 21. Solicitation of public comments; notice of public hearings, "Sec. 22, Delegation and cooperation, "Sec. 23. State cooperation, aid, and training. "(a) Cooperative agreements. "(b) Contracts for training. "Sec. 24. Authority of States. "Sec. 25, Authority of Administrator, "(a) Regulations. "(b) Exemption of pesticides, "(c) Other authority. "Sec. 26. Severability. "Sec. 27. Authorization for appropriations.
 * 'SEC. 2. DEFINITIONS.

" For purposes of this Act— "(1) in the case of a pesticide other than a plant regiilator, defoliant, or desiccant, an ingredient which will prevent, destroy, repel, or mitigate any pest; "(2) in the case of a plant regulator, an ingredient which, through physiological action, will accelerate or retard the rate of growth or rate of maturation or otherwise alter the behavior of ornamental or crop plants or the product thereof; "(3) in the case of a defoliant, an ingredient which will cause the leaves or foliage to drop from a plant; and "(4) in the case of a desiccant, an ingredient which will artificially accelerate the drying of plant tissue. "(b) ADMINISTRATOR,—The term 'Administrator' means the Administrator of the Environmental Protection Agency. "(c) ADULTERATED.—The term 'adulterated' applies to any pesticide if: " (1) its strength or purity falls below the professed standard of quality as expressed on its labeling under which it is sold; "(2) any substance has been substituted wholly or in part for the pesticide; or "(3) any valuable constituent of the pesticide has been wholly or in part abstracted. " (d) ANIMAL.—The term 'animal' means all vertebrate and invertebrate species, including but not limited to man and other mammals, birds, fish, and shellfish. " (e) CERTIFIED APPLICATOR, E T C. — "(1) CERTIFIED APPLICATOR.—The term 'certified
 * '(a) ACTIVE INGREDIENT.—The term 'active ingredient' means—.

applicator' means any individual who is certified under section 4 as authorized to use or supervise the use of any pesticide which is classified for restricted use. " (2) PRIVATE APPLICATOR.—^I'he term 'private applicator' means a certified applicator who uses or supervises the use of any pesticide which is classified for restricted use for purposes of producing

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Page:United States Statutes at Large Volume 86.djvu/1018

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[86 STAT.

any agricultural commodity on.property owned or rented by him or his employer or (if applied without compensation other than trading of pereonal services between producere of agricultural commodities) on the property of another person. "(3) COMMERCIAL APPLICATOR.—The term 'commercial applicator' means a certified applicator (whether or not he is a private applicator with respect to some uses^ who uses or supervises the use of any pesticide which is classified for restricted use for any purpose or on any property other than as provided by paragraph (2). "(4) UNDER THE DIRECT SUPERVISION OF A CERTIFIED APPLI-

83 Stat. 275. 16 USC 668CC-1.

CATOR.—Unless otherwise prescribed by its labeling, a pesticide shall be considered to be applied under the direct supervision of a certified applicator if it is applied by a competent person acting under the instructions and control of a certified applicator who is available if and when needed, even though such certified applicator is not physically present at the time and place the pesticide is applied. "(f) DEFOLIANT.—The term 'defoliant' means any substance or mixture of substances intended for causing the leaves or foliage to drop from a plant, with or without causing abscission. " (g) DESICCANT.—The term 'desiccant' means any substance or mixture of substances intended for artificially accelerating the drying of plant tissue. " (h) DEVICE.—The term 'device' means any instrument or contrivance (other than a firearm) which is intended for trapping, destroying, repelling, or mitigating any pest or any other form of plant or animal life (other than man and other than bacteria, virus, or other microorganism on or in living man or other living animals); but not including equipment used for the application of pesticides when sold separately therefrom. "(i) DISTRICT COURT.—The term 'district court' means a United States district court, the District Court of Guam, the District Court of the Virgin Islands, and the highest court of American Samoa. "(j) ENVIRONMENT.—The term 'environment' includes water, air, land, and all plants and man and other animals living therein, and the interrelationshiDS which exist among these. " (k) FUNGUS.—The term 'fungus' means any non-chlorophyllbearing thallophyte (that is, any non-clilorophyll-bearing plant of a lower order than mosses and liverworts), as for example, rust, smut, mildew, mold, yeast,.and bacteria, except those on or in living man or other animals and those on or in processed food, beverages, or pharmaceuticals. "(1) IMMINENT HAZARD.—The term 'imminent hazard' means a situation which exists when the continued use of a pesticide during the time required for cancellation proceeding would be likelv to result in unreasonable adverse effects on the environment or will involve unreasonable hazard to the survival of a species declared endangered by the Secretary of the Interior under Public Law 91-135. " (m) INERT INGREDIENT.—The term 'inert ingredient' means an ingredient which is not active. " (n) INGREDIENT STATEMENT.—The term 'ingredient statement' means a statement which contains— "(1) the name and percentage of each active ingredient, and the total percentage of all inert ingredients, in the pesticide; and "(2) if the pesticide contains arsenic in any form, a statement of the percentages of total and water soluble arsenic, calculated as elementary arsenic.

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''(o) INSECT.—The term 'insect' means any of the numerous small invertebrate animals generally having the body more or less obviously segmented, for the most part belonging to the class insecta, comprising six-legged, usually winged forms, as for example, beetles, bugs, bees, flies, and to other allied classes of arthropods whose members are wingless and usually have more than six legs, as for example, spiders, mites, ticks, centipedes, and wood lice, " (p) LABEL AND LABELING.—

"(1) LABEL.—The term 'label' means the written, printed, or graphic matter on, or attached to, the pesticide or device or any of its containers or wrappers. "(2) LABELING.—The term 'labeling' means all labels and all other written, printed, or graphic matter— "^A) accompanying the pesticide or device at any time; or " (B) to which reference is made on the label or in literature accompanying the pesticide or device, except to current official publications of the Environmental Protection Agency, the United States Departments of Agriculture and Interior, the Department of Health, Education, and Welfare, State experiment stations. State agricultural colleges, and other similar Federal or State institutions or agencies authorized by law to conduct research in the field of pesticides, " (q) MISBRANDED.—

" (1) A pesticide is misbranded if— " (A) its labeling bears any statement, design, or graphic representation relative thereto or to its ingredients which is false or misleading in any particular; " (B) it is contained in a package or other container or wrapping which does not conform to the standards established by the Administrator pursuant to section 25(c)(3); " (C) it is an imitation of, or is offered for sale under the name of, another pesticide; " (D) its label does not bear the registration number assigned under section 7 to each establishment in which it was produced; " (E) any word, statement, or other information required by or under authority of this Act to appear on the label or labeling is not prominently placed thereon with such conspicuousness (as compared with other words, statements, designs, or graphic matter in the labeling) and in such terms as to render it likely to be read and understood by the ordinary individual under customary conditions of purchase and use; " (F) the labeling accompanying it does not contain directions for use which are necessary for effecting the purpose for which the product is intended and if complied with, together with any requirements imposed under section 3(d) of this Act, are adequate to protect health and the environment; " (G) the label does not contain a warning or caution statement which may be necessary and if complied with, together with any requirements imposed under section 3(d) of this Act, is adequate to protect health and the environment. "(2) A pesticide is misbranded if— "'(A) the label does not bear an ingredient statement on that part of the immediate container (and on the outside container or wrapper of the retail package, if there be one, through which the ingredient statement on the immediate container cannot be clearly read) which is presented or dis-

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Page:The Eurypterida of New York Volume 1.pdf/428

 a very long Upper Siluric time interval, of which a late stage only is represented by the thinner northern extension into the Shawangunk mountains. Here again, as in the fauna of the Normanskill and Schenectady beds, the eurypterids may have changed but very little through several geologic periods; and in all these cases cited, the Shawangunk grit, the Schenectady beds and the Normanskill beds at Kingston, there is identity in lithologic characters and indications of similar littoral conditions, of narrow gulf, or delta, or estuary.

After decades of industrious collecting of eurypterids from the New York Siluric waterlimes, the rich stores of these remains have not been exhausted. While this work was in press and partly in pages, Professor Gilbert van Ingen of Princeton University sent us some slabs from a loose concretion in Oriskany creek in Oneida county, N. Y., which carry three carapaces and other parts of an Eusarcus of very unexpected and peculiar character.

Description. The outline of the body is as in.

Cephalothorax. The carapace is broadly subtriangular, about one third wider than long (not counting a frontal snoutlike prolongation), the two lateral margins converging at an angle of about 700 toward the anterior end which is produced into a linguiform process, about one fifth the length of the carapace. The base is to the lateral margin (excluding the snout) as 4:3. The posterior margin is distinctly bent forward in the middle and the postlateral angles are markedly truncate. The lateral margins are slightly concave in the posterior and as gently convex in the anterior half. The anterior process is one fourth as wide at its base as the basal margin of the carapace. Its lateral margins are nearly straight and converge slightly; the anterior margin is gently convex. The lateral and


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Page:United States Statutes at Large Volume 86.djvu/1020

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[86 STAT.

played under customary conditions of purchase, except that a pesticide is not misbranded under this subparagraph if: " (i) the size of form of the immediate container, or the outside container or wrapper: of the retail package, makes it impracticable to place the ingredient statement on the part which is presented or displayed under customary conditions of purchase; and "(ii) the ingredient statement appears prominently on another part of the immediate container, or outside container or wrapper, permitted by the Administrator; " (B) the labeling does not contain a statement of the use classification under which the product is registered; " (C) there is not affixed to its container, and to the outside container or wrapper of the retail package, if there be one, through which the required information on the immediate container cannot be clearly read, a label bearing— "(i) the name and address of the producer, registrant, or person for whom produced; "(ii) the name, brand, or trademark under which the pesticide is sold; "(iii) the net weight or measure of the content: Provided, That the Administrator may permit reasonable variations; and " (v) when required by regulation of the Administrator to effectuate the purposes of this Act, the registration number assigned to the pesticide under this Act, and the use classification; and " (D) the pesticide contains any substance or substance^ in quantities highly toxic to man, unless the label shall beai*, in addition to any other matter required by this Act— " (i) the skull and crossbones; "(ii) the word 'poison' prominently in red on a back.! ground of distinctly contrasting color; and "(iii) a statement of a practical treatment (first aid or otherwise) in case of poisoning by the pesticide, " (r) NEMATODE.—The term 'nematode' means invertebrate animals of the phylum nemathelminthes and class nematoda, that is, unsegmented round worms with elongated, fusiform, or saclike bodies covered with cuticle, and inha;biting soil, water, plants, or plant parts; may also be called nemas or eelworms. "(s) PERSON.—The term 'person' means any individual, partnership, association, corporation, or any organized group of persons whether incorporated or not. " (t) PEST.—The term 'pest' means (1) any insect, rodent, nematode, fungus, weed, or (2) any other form of terrestrial or aquatic plant or animal life or virus, bacteria, or other micro-organism (except viruses, bacteria, or other micro-organisms on or in living man or other living animals) which the Administrator declares to be a pest under section 2 5 (c)(1). " (u) PESTICIDE.—The term 'pesticide' means (1) any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any pest, and (2) any substance or mixture of substances intended for use as a plant regulator, defoliant, or desiccant. " (v) PLANT REGULATOR.—The term 'plant regulator' means any substance or mixture of substances intended, through physiological action, for accelerating or retarding the rate of growth or rate of maturation, or for otherwise altering the behavior of plants or the produce thereof, but shall not include substances to the extent that they are intended as plant nutrients, trace elements, nutritional

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Page:United States Statutes at Large Volume 86.djvu/1021

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PUBLIC LAW 92-516-OCT. 21, 1972

chemicals, plant inoculants, and soil amendments. Also, the term 'plant regulator' shall not be required to include any of such of those nutrient mixtures or soil amendments as are commonly known as vitaminhormone horticultural products, intended for improvement, maintenance, survival, health, and propagation of plants, and as are not for pest destruction and are nontoxic, nonpoisonous in the undiluted packaged concentration. •"(w) PRODUCER AND PRODUCE.—The term 'producer'means the person who manufactures, prepares, compounds, propagates, or processes any pesticide or device. The term 'produce' means to manufacture, prepare, compound, propagate, or process any pesticide or device. " (x) PROTECT HEALTH AND THE ENVIRONMENT.—The terms 'protect health and the environment' and 'protection of health and the environment' mean protection against any unreasonable adverse effects on the environment. " (y) REGISTRANT.—The term 'registrant' means a person who has registered any pesticide pursuant to the provisions of this Act. (z) REGISTRATION.—The term 'registration' includes reregistration, " ( a a) STATE.—The term 'State' means a State, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, the Trust Territory of the Pacific Islands, and American Samoa. " ( b b) UNREASONABLE ADVERSE EFFECTS ON THE ENVIRONMENT.—

The term 'unreasonable adverse effects on the environment' means any unreasonable risk to man or the environment, taking into account the economic, social, and environmental costs and benefits of the use of any pesticide. ""(cc) WEED.—The term 'weed' means any plant which grows where not wanted. " ( d d) ESTABLISHMENT.—The term 'establishment'means any place where a pesticide or device is produced, or held, for distribution or sale. "SEC. 3. REGISTRATION OF PESTICIDES.

" (a) REQUIREMENT.—Except as otherwise provided by this Act, no person in any State may distribute, sell, offer for sale, hold for sale, ship, deliver for shipment, or receive and (having so received) deliver or offer to deliver, to any person any pesticide which is not registered with the Administrator. " (b) EXEMPTIONS.—A pesticide which is not registered with the Administrator may be transferred if— "(1) the transfer is from one registered establishment to another registered establishment operated by the same producer solely for packaging at the second establishment or for use as a constituent part of another pesticide produced at the second establishment^: or "(2) the transfer is pursuant to and in accordance with the requirements of an experimental use permit. " (c) PROCEDURE FOR REGISTRATION.— (1) STATEMENT REQUIRED.—Each

applicant for registration of a pesticide shall file with the Administrator a statement which includes— " (A) the name and address of the applicant and of any other person whose name will appear on the labeling; " (B) the name of the pesticide; " (C) a complete copy of the labeling of the pesticide, a statement of all claims to be made for it, and any directions for its use; " (D) if requested by the Administrator, a full description of the tests made and the results thereof upon which the

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 mi

PUBLIC LAW 92-516-OCT. 21, 1972

 * , _

ji > .. fir .'
 * v

, T .si • •

[86 STAT.

claims are based, except that data submitted in support of an application shall not, without permission of the applicant, be considered by the Administrator in support of any other application for registration unless such other applicant shall have first offered to pay reasonable compensation for producing the test data to be relied upon and such data is not protected from disclosure by section 10(b). If the parties cannot agree on the amount and method of payment, the Administrator shall make such determination and may fix such other terms and conditions as may be reasonable under the circumstances. The Administrator's determination shall be made on the record after notice and opportunity for hearing. If the owner of the test data does not agree with said determination, he may, within thirty days, take an appeal to the federal district court for the district in which he resides with respect I to either the amount of the payment or the terms of payment, or both. I n no event shall the amount of payment determined by the court be less than that determined by the Administrator; " (E) the complete formula of the pesticide; and .; " (F) a request that the pesticide be classified for general use, for restricted use, or for both. "(2) DATA I N SUPPORT OF REGISTRATION.—The Administrator shall publish guidelines specifying the kinds of information which will be required to support the registration of a pesticide and shall revise such guidelines from time to time. If thereafter he requires any additional kind of information he shall permit sufficient time for applicants to obtain such additional information. Except as provided by subsection (c)(1)(D) of this section and section 10, within 30 days after the Administrator registers a pesticide under this Act he shall make available to the public the data called for in the registration statement together with such other scientific information as he deems relevant to his decision. "(3)

T I M E FOR ACTING WITH RESPECT TO APPLICATION.—The

Administrator shall review the data after receipt of the application and shall, as expeditiously as possible, either register the •' pesticide in accordance with paragraph (5), or notify the applicant of his determination that it does not comply with the provisions of the Act in accordance with paragraph (6). Publication in "(4) NoTiCE OF APPLICATION.—The Administrator shall pubFederai Register. Yislci iu the Federal Register, promptly after receipt of the statement and other data required pursuant to paragraphs (1) and (2), a notice of each application for registration of any pesticide B if it contains any new active ingredient or if it would entail a changed use pattern. The notice shall provide for a period of 30 days in which any Federal agency or any other interested person may comment. "(5) APPROVAL OF REGISTRATION.—The Administrator shall . '• register a pesticide if he determines that, when considered with ' any restrictions imposed under subsection (d) — " (A) its composition is such as to warrant the proposed V£iB i claims for it; " (B) its labeling and other material required to be submitted comply with the requirements of this Act; ^ " (C) it will perform its intended function without unreasonable adverse effects on the environment: and

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981

"(D) wlien used in accordance with widespread and commonly recognized practice it will not generally cause unreasonable adverse effects on the environment. The Administrator shall not make any lack of essentiality a criterion for denying registration of any pesticide. Where two pesticides meet the requirements of this paragraph, one should not be registered in preference to the other. "(6) DENIAL or REGISTRATION.—If the Administrator deter-

mines that the requirements of paragraph (5) for registration are not satisfied, he shall notify the applicant for registration of his determination and of his reasons (including the factual basis) ' therefor, and that, unless the applicant corrects the conditions and notifies the Administrator thereof during the 30-day period beginning with the day after the date on which the applicant receives the notice, the Administrator may refuse to register the pesticide. Whenever the Administrator refuses to register a pesticide, he shall notify the applicant of his decision and of his reasons (including the factual basis) therefor. The Administrator ^j^'i^i^^°f_i" shall promptly publish in the Federal Register notice of such Federal Register. denial of registration and the reasons therefor. Upon such notification, the applicant for registration or other interested person with the concurrence of the applicant shall have the same remedies as provided for in section 6. "(d)

CLASSIFICATION or PESTICIDES.— "(1) CLASSIFICATION FOR GENERAL USE, RESTRICTED USE, OR BOTH.

" (A) As a part of the registration of a pesticide the Administrator shall classify it as being for general use or for restricted use, provided that if the Administrator determines that some of the uses for which the pesticide is registered should be for general use and that other uses for which it is registered should be for restricted use, he shall classify it for both general use and restricted use. If some of the uses of the pesticide are classified for general use and other uses are classified for restricted use, the directions relating to its general uses shall be clearly separated and distinguished from those directions relating to its restricted uses: Provided, however, That the Administrator may require that its packaging and labeling for restricted uses shall be clearly distinguishable from its packaging and labeling for general uses. " (B) If the Administrator determines that the pesticide, when applied in accordance with its directions for use, warnings and cautions and for the uses for which it is registered, or for one or more of such uses, or in accordance with a widespread and commonly recognized practice, will not generally cause unreasonable adverse effects on the environment, he will classify the pesticide, or the particular use or uses of the pesticide to which the determination applies, for general use. " (C) If the Administrator determines that the pesticide, when applied in accordance with its directions for use, warnings and cautions and for the uses for which it is registered, or for one or more of such uses, or in accordance with a widespread and commonly recognized practice, may generally cause, without additional regulatory restrictions, unreasonable adverse effects on the environment, including injury to the applicator, he shall classify the pesticide, or the particular

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[86 STAT.

use or uses to which the determination applies, for restricted use: " (i) If the Administrator classifies a pesticide, or one or more uses of such pesticide, for restricted use because of a determination that the acute dermal or inhalation toxicity of the pesticide presents a hazard to the applicator or other persons, the pesticide shall be applied for any use to which the restricted classification applies only by or under the direct supervision of a certified applicator, "(ii) If the Administrator classifies a pesticide, or one or more uses of such pesticide, for restricted use because of a determination that its use without additional regulatory restriction may cause unreasonable adverse effects on the environment, the pesticide shall be applied for any use to which the determination applies only by or under the direct supervision of a certified applicator, or subject to such other restrictions as the Administrator may provide by regulation. Any such regulation shall be reviewable in the appropriate court of appeals upon petition of a person adversely affected filed within 60 days of the publication of the regulation in final form. " (£) CHANGE IN CLASSIFICATION".—If the Administrator determiues that a chauge in the classification of any use of a pesticide from general use to restricted use is necessary to prevent unreasonable adverse effects on the environment, he shall notify the registrant of such pesticide of such determination at least 30 days before making the change and shall publish the proposed change in the Federal Register. The registrant, or other interested person with the concurrence of the registrant, may seek relief from such determination under section 6(b). "(e)

PRODUCTS W I T H SAME FORMULATION AND CLAIMS.—Products

which have the same formulation, are manufactured by the same person, the labeling of which contains the same claims, and the labels of which bear a designation identifying the product as the same pesticide may be registered as a single pesticide; and additional names and labels shall be added to the registration by supplemental statements. " (f) MISCELLANEOUS.— "(1)

EFFECT OF CHANGE OF LABELING OR FORMULATION.—If the

labeling or formulation for a pesticide is changed, the registration shall be amended to reflect such change if the Administrator determines that the change will not violate any provision of this Act. "(2) REGISTRATION NOT A DEFENSE.—'In no event shall registration of an article be construed as a defense for the commission of any offense under this Act: Provided, That as long as no cancellation proceedings are in effect registration of a pesticide shall be prima facie evidence that the pesticide, its labeling and packaging comply with the registration provisions of the Act. " (3) AUTHORITY TO CONSULT OTHER FEDERAL AGENCIES.—In connection with consideration of any registration or application for registration under this section, the Administrator may consult with any other Federal agency.

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"SEC. 4. USE OF RESTRICTED USE PESTICIDES; CERTIFIED APPLICATORS. " (a) CERTIFICATION PROCEDURE.— "(1) FEDERAL CERTIFICATION.—Subject to paragrajjh (2), the

standards.

Administrator shall prescribe standards for the certification of applicators of pesticides. Such standards shall provide that to be certified, an individual must be determined to be competent with respect to the use and handling of pesticides, or to the use and handling of the pesticide or class of pesticides covered by such individual's certification. " (2) STATE CERTIFICATION.—If any State, at any time, desires

to certify applicators of pesticides, the Governor of such State shall submit a State plan for such purpose. The Administrator shall approve the plan submitted by any State, or any modification thereof, if such plan in his judgment— " (A) designates a State agency as the agency responsible for administering the plan throughout the State; " (B) contains satisfactory assurances that such agency has or will have the legal authority and qualified personnel necessary to carry out the plan; " (C) gives satisfactory assurances that the State will devote adequate funds to the administration of the plan; " (D) provides that the State agency will make such reports to the Administrator in such form and containing such information as the Administrator may from time to time require; and " (E) contains satisfactory assurances that State standards for the certification of applicators of pesticides conform with those standards prescribed by the Administrator under paragraph (1). Any State certification program under this section shall be maintained in accordance with the State plan approved under this section. " (b) STATE PLANS.—If the Administrator rejects a plan submitted under this paragraph, he shall ajfford the State submitting the plan due notice and opportunity for hearing before so doing. If the Administrator approves a plan submitted under this paragraph, then such State shall certify applicators of pesticides with respect to such State. Whenever the Administrator determines that a State is not administering the certification program in accordance with the plan approved under this section, he shall so notify the State and provide for a hearing at the request of the State, and, if appropriate corrective action is not taken within a reasonable time, not to exceed ninety days, the Administrator shall withdraw approval of such plan. "SEC. 5. EXPERIMENTAL USE PERMITS.

" (a) ISSUANCE.—Any person may apply to the Administrator for an experimental use permit for a pesticide. The Administrator may issue an experimental use permit if he determines that the applicant needs such permit in order to accumulate information necessary to register a pesticide under section 3. An application for an experimental use permit may be filed at the time of or before or after an application for registration is filed. " (b) TEMPORARY TOLERANCE LEVEL.—If the Administrator determines that the use of a pesticide may reasonably be expected to result in any residue on or in food or feed, he may establish a temporary tolerance level for the residue of the pesticide before issuing the experimental use permit. 82-081 O - 73 - 65

Hearing.

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text:
Page:United States Statutes at Large Volume 86.djvu/1026

 984

PUBLIC LAW 92-516-OCT. 21, 1972

,eb >ai n.

[86 STAT.

''(c) U S E 1'NDER PERMIT.—Use of a pesticide under an experimental use permit shall be under the supervision of the Administrator, and shall be subject to such terms and conditions and be for such period of tlmc as the Administrator may prescribe in the permit. " (d) STUDIES.—When any experimental use permit is issued for a pesticide containing any chemical or combination of chemicals which has not been included in any previously registered pesticide, the Administrator may specify that studies be conducted to detect whether the use of the pesticide under the permit may cause unreasonable adverse effects on the environment. All results of such studies shall be reported to the Administrator before such pesticide may be registered under section 3. "(e) REVOCATION.—The Administrator may revoke any experimental use permit, at any time, if he finds that its terms or conditions are being violated, or that its terms and conditions are inadequate to avoid unreasonable adverse effects on the environment. "(f)

STATE ISSUANCE OF PERMITS.—Notwithstanding the foregoing

provisions of this section, the Administrator may, under such terms and conditions as he may by regulations prescribe, authorize any State to issue an experimental use permit for a pesticide. All provisions of section 4 relating to State plans shall apply with equal force to a Statt plan for the issuance of experimental use permits under this section. "SEC. 6. ADMINISTRATIVE REVIEW; SUSPENSION. "(a)

^ .3ab«jH

Publication in Federal Register.

CANCELLATION AFTER FIVE YEARS—

" (1) PROCEDURE.—The Administrator shall cancel the registration of any pesticide at the end of the five-year period which begins on the date of its registration (or at the end of any fiveyear period thereafter) unless the registrant, or other interested person with the concurrence of the registrant, before the end of such period, requests in accordance with regulations prescribed by the Administrator that the registration be continued in effect: Provided, That the Administrator may permit the continued sale and use of existing stocks of a pesticide whose registration is canceled under this subsection or subsection (b) to such extent, under such conditions, and for such uses as he may specify if he determines that such sale or use is not inconsistent with the purposes of this Act and will not have unreasonable adverse effects on the environment. The Administrator shall publish in the Federal Register, at least 30 days prior to the expiration of such five-year period, notice that the registration will be canceled if the registrant or other interested person with the concurrence of the registrant does not request that the registration be continued in effect. "(2) INFORMATION.—If at any time after the registration of a pesticide the registrant has additional factual information regarding unreasonable adverse effects on the environment of the pesticide, he shall submit such information to the Administrator. "(b)

CANCELLATION AND CHANGE I N CLASSIFICATION.—If it appears

to the Administrator that a pesticide or its labeling or other material required to be submitted does not comply with the provisions of this Act or, when used in accordance with widespread and commonly recognized practice, generally causes unreasonable adverse effects on the environment, the Administrator may issue a notice of his intent either—

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Page:United States Statutes at Large Volume 86.djvu/1027

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PUBLIC LAW 92-516-OCT. 21, 1972

"(1) to cancel its registration or to change its classification together with the reasons (including the factual basis) for his action, or " (2) to hold a hearing to determine whether or not its registration should be canceled or its classification changed. Such notice shall be sent to the registrant and made public. The proposed action shall become final and effective at the end of 30 days from receipt by the registrant, or publication, of a notice issued under paragraph (1), whichever occurs later, unless within that time either (i) the registrant makes the necessary corrections, if possible, or (ii) a request for a hearing is made by a person adversely affected by the notice. In the event a hearing is held pursuant to such a request or to the Administrator's determination under paragraph (2), a decision pertaining to registration or classification issued after completion of such hearing shall be final. "(c)

985

Hearing,

SUSPENSION.—

"(1) ORDER.—If the Administrator determines that action is ^ necessary to prevent an imminent hazard during the time required for cancellation or change in classification proceedings, he may, by order, suspend the registration of the pesticide immediately. No order of suspension may be issued unless the Administrator has issued or at the same time issues notice of his intention to cancel the registration or change the classification of the pesticide. "Except as provided in paragraph (3), the Administrator shall notify the registrant prior to issuing any suspension order. Such notice shall include findings pertaining to the question of 'immi.at-fjowi: nent hazard'. The registrant shall then have an opportunity, in accordance with the provisions of paragraph (2), for an expedited hearing before the Agency on the question of Avhether an imminent hazard exists. "(2) EXPEDITE HEARING.—If no request for a hearing is submitted to the Agency within five days of the registrant's receipt of the notification provided for by paragraph (1), the suspension order may be issued and shall take effect and shall not be reviewable by a court. If a hearing is requested, it shall commence within five days of the receipt of the request for such hearing unless the registrant and the Agency agree that it shall commence at a later time. The hearing shall be held in accordance with the provisions of subchapter II of title 5 of the United States Code, ^ so Stat. asi; except that the presiding officer need not be a certified hearing 815 State. 54. s 551. examiner. The presiding officer shall have ten days from the conclusion of the presentation of evidence to submit recommended findings and conclusions to the Administrator, who shall then have seven days to render a final order on the issue of suspension. "(3) EMERGENCT ORDER.—Whenever the Administrator determines that an emergency exists that does not permit him to hold a hearing before suspending, he may issue a suspension order in advance of notification to the registrant. In that case, paragraph (2) shall apply except that (i) the order of suspension shall be in effect pending the expeditious completion of the remedies provided by that paragraph and the issuance of a final order on suspension, and (ii) no party other than the registrant and the Agency shall participate except that any person adversely affected may file briefs within the time allotted by the Agency's rules. Any person so filing briefs shall be considered a party to such proceeding for the purposes of section 16(b).
 * >?Uf 8S.

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text:
Page:United States Statutes at Large Volume 86.djvu/1028

 986

subpena,

28 USC app.

Report.

PUBLIC LAW 92-516-OCT. 21, 1972

[86 STAT.

"(4) JUDICIAL REVIEW.—A final order on the question of suspension following a hearing shall be reviewable in accordance with ^ c t i o n 16 of this Act, notwithstanding the fact that any related cancellation proceedings have not been completed. Petitions to review orders on the issue of suspension shall be advanced on the docket of the courts of appeals. Any order of suspension entered prior to a hearing before the Administrator shall be subject to immediate review in an action by the registrant or other interested person with the concurrence of the registrant in an appropriate district court, solely to determine whether the order of suspension was arbitrary, capricious or an abuse of discretion, or whether the order was issued in accordance with the procedures established by law. The effect of any order of the court will be only to stay the effectiveness of the suspension order, pending the Administrator's final decision with respect to cancellation or change in classifica4;ion. This action may be maintained simultaneously with any administrative review proceeding under this section. The commencement of proceedings under this paragraph shall not operate as a stay of order, unless ordered by the court. " (d) PUBLIC HEARINGS AND SCIENTIFIC EEVIEW.—In the event a hearing is requested pursuant to subssction (b) or determined upon by the Administrator pursuant to subsection (b), such hearing shall be held after due notice for the purpose of receiving evidence relevant and material to the issues raised by the objections filed by the applicant or other interested parties, or to the issues stated by the Administratorj if the hearing is called by the Administrator rather than by the filing of objections. Upon a showing of relevance and reasonable scope of evidence sought by any party to a public hearing, the Hearing Examiner shall issue a subpena to compel testimony or production of documents from any person. The Hearing Examiner shall be guided by the principles of the Federal Rules of Civil Procedure in making any ord!er for the protection of the witness or the content of documents produced and shall order the payment of reasonable fees and expenses as a condition to requiring testimony of the witness. On contest, the subpena may be enforced by an appropriate United States district court in accordance with the principles stated herein. Upon the request of any party to a public hearing and when in the Hearing Examiner's judgment it is necessary or desirable, the Hearing Examiner shall at any time before the hearing record is closed refer to a Committee of the National Academy of Sciences the relevant questions of scientific fact involved in the public hearing. No member of any committee of the National Academy of Sciences established to carry out the functions of this section shall have a financial or other conflict of interest with respect to any matter considered by such committee. 'pj^g Committee of the National Academy of Sciences shall report in writing to the Hearing Examiner within 60 days after such referral on these questions of scientific fact. The report shall be made public and shall be considered as part of the hearing record. The Administrator shall enter into appropriate arrangements with the National Academy of Sciences to assure an objective and competent scientific review of the questions presented to Committees of the Academy and to provide such other scientific advisory services as may be required by the Administrator for carrying out the purposes of this Act. As soon as practicable after completion of the hearing (including the report of the Academy) but not later than 90 days thereafter, the Administrator shall evaluate the data and reports before him and issue an order either revoking his notice of intention issued pursuant to

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Page:United States Statutes at Large Volume 86.djvu/1029

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987

this section, or shall issue an order either canceling the registration, changing the classification, denying the registration, or requiring modification of the labeling or packaging of the article. Such order shall be based only on substantial evidence of record of such hearing and shall set forth detailed findings of fact upon which the order is based. "(e) JUDICIAL REVIEW.—Final orders of the Administrator under this section shall be subject to judicial review pursuant to section 16.

-.

"SEC. 7. REGISTRATION OF ESTABLISHMENTS.

" (a) REQUIREMENT.—No person shall produce any pesticide subject to this Act in any State unless the establishment in which it is produced is registered with the Administrator. The application for registration of any establishment shall include the name and address of the establishment and of the producer who operates such establishment. " (b) REGISTRATION.—Whenever the Administrator receives an application under subsection (a), he shall register the establishment and assign it an establishment number.

i

" (c) INFORMATION REQUIRED.—

" (1) Any producer operating an establishment registered under this section shall inform the Administrator within 30 days after it is registered of the types and amounts of pesticides— " (A) which he is currently producing; " (B) which he has produced during the past year; and " (C) which he has sold or distributed during the past year. The information required by this paragraph shall be kept current and submitted to the Administrator annually as required under such regulations as the Administrator may prescribe. "(2) Any such producer shall, upon the request of the Administrator for the purpose of issuing a stop sale order pursuant to section 13, inform him of the name and address of any recipient of any pesticide produced in any registered establishment which he operates. "(d)

CONFIDENTIAL RECORDS AND INFORMATION.—Any

informa-

tion submitted to the Administrator pursuant to subsection (c) shall be considered confidential and shall be subject to the provisions of section 10. "SEC. 8. BOOKS AND RECORDS. " (a) REQUIREMENTS.—The Administrator may prescribe regulations requiring producers to maintain such records with respect t other operations and the pesticides and devices produced as he determines are necessary for the effective enforcement of this Act. No records required under this subsection shall extend to financial data, sales data other than shipment data, pricing data, personnel data, and research data (other than data relating to registered pesticides or to a pesticide for which an application for registration has been filed). " (b) INSPECTION.—For the purposes of enforcing the provisions of this Act, any producer, distributor, carrier, dealer, or any other person who sells or offers for sale, delivers or offers for delivery any pesticide or device subject to this Act, shall, upon request of" any officer or employee of the Environmental Protection Agency or of any State or political subdivision, duly designated by the Administrator, furnish or permit such person at all reasonable times to have access to, and to copy: (1) all records showing the delivery, movement, or holding of such pesticide or device, including the quantity, the date of shipment and receipt, and the name of the consignor and consignee; or (2) in the event of the inability of any person to produce records containing such

Regulations,

^

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text:
Page:Alchemyofhappiness en.djvu/113

Rh once asked, what is faith? He replied," It is to love God and his prophet more than wife, children and property." And the prophet was continually in the habit of praying, "O my God! I ask for thy love, I ask that I may love whomsoever loves thee, and that I may perform whatsoever thy love makes incumbent upon me."

On the resurrection day all sects will be addressed by the name of the prophet whom each followed, "O people of Moses! O people of Jesus! O people of Mohammed!" even to all the beloved servants of God, and it will be proclaimed to them, "O Friends and beloved of God, come to the blessed union and society of God! Come to Paradise and partake of the grace of your beloved!" When they hear this proclamation, their hearts will leap out of their places, and they will almost lose their reason. Yahya ben Moa'z says, "It is better to have as much love of God, even if only as much as a grain of mustard seed, than seventy years of devotion and obedience without love." Hassan of Basra says, "Whoever knows God, will certainly love him, and whoever knows the world, will shun it."

O thou who seekest the love of God! know that this love is founded upon two things: one is Beauty, and the other is Beneficence. Beauty acts as a cause to produce love, because the being, the attributes and the works of God possess beauty, and every one loves that which is beautiful. There is a tradition which says "Verily, God is beautiful and he loves beauty." And the prophet says, "Desire to transact your affairs with those who have beautiful countenances." It is on this account that the spirit in man has been created in accordance with the image of beauty, so that whenever it either hears or sees anything beautiful, it may have a propensity towards it, and seek for communion with it.

But you should also know, that beauty is of two kinds, one of which is beauty of form, and the other beauty of

title: Page:Alchemyofhappiness en.djvu/113


text:
Page:United States Statutes at Large Volume 86.djvu/1030

 988

PUBLIC LAW 92-516-OCT. 21, 1972.

[86 STAT.

information, all other records and information relating to such delivery, movement, or holding of the pesticide or device. Any inspection with respect to any records and information referred to in this subsection shall not extend to financial data, sales data other than shipment data, pricing data, personnel data, and research data (other than data relating to registered pesticides or to a pesticide for which an application for registration has been filed). "SEC. 9. INSPECTION OF ESTABLISHMENTS, ETC. " (a) IN GENERAL.—For purposes of enforcing the provisions of this Act, officers or employees duly designated by the Administrator are authorized to enter at reasonable times, any establishment or other place where pesticides or devices are held for distribution or sale for the purpose of inspecting and obtaining samples of any pesticides or devices, packaged, labeled, and released for shipment, and samples of any containers or labeling for such pesticides or devices. Before undertaking such inspection, the officers or employees must present to the owner, operator, or agent in charge of the establishment or other place where pesticides or devices are held for distribution or sale, appropriate credentials and a written statement as to the reason for the inspection, including a statement as to whether a violation of the law is suspected. If no violation is suspected, an alternate and sufficient reason shall be given in writing. Each such inspection shall be commenced and completed with reasonable promptness. If the officer or employee obtains any samples, prior to leaving the premises, he shall give to the owner, operator, or agent in charge a receipt describing the samples obtained and, if requested, a portion of each such sample equal in volume or weight to the portion retained. If an analysis is made of such samples, a copy of the results of such analysis shall be furnished promptly to the owner, operator, or agent in charge. "(b) WARRANTS.—For purposes of enforcing the provisions of this Act and upon a showing to an officer or court of competent jurisdiction that there is reason to believe that the provisions of this Act have been violated, officers or employees duly designated by the Administrator are empowered to obtain and to execute warrants authorizing— atn " (1) entry for the purpose of this section; "(2) inspection and reproduction of all records showing the quantity, date of shipment, and the name of c o n s i ^ o r and consignee of any pesticide or device found in the establishment which is adulterated, misbranded, not registered (in the case of a pesticide) or otherwise in violation of this Act and in th^ event of the inability of any person to produce records containing such information, all other records and information relating to such delivery, movement, or holding of the pesticide or device; and "(3) the seizure of any pesticide or device which is in violation of this Act. " (c) ENFORCEMENT.— " (1) CERTIFICATION

OF FACTS TO ATTORNEY

GENERAL.—The

examination of pesticides or devices shall be made in the Environmental Protection Agency or elsewhere as the Administrator may designate for the purpose of determining from such examinations whether they comply with the requirements of this Act. If it shall appear from any such examination that they fail to comply with the requirements of this Act, the Administrator shall cause notice to be given to the person against whom criminal or civil proceedings are contemplated. Any person so notified shall be

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Page:United States Statutes at Large Volume 86.djvu/1031

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PUBLIC LAW 92-516-OCT. 21, 1972

given an opportunity to present his views, either orally or in writing, with regard to such contemplated proceedings, and if in the opinion of the Administrator it appears that the provisions of this Act have been violated by such person, then the Administrator shall certify the facts to the Attorney General, with a copy of the results of the analysis or the examination of such pesticide for the institution of a criminal proceeding pursuant to section 14(b) or a civil proceeding under section 14(a), when the Administrator determines that such action will be sufficient to effectuate the purposes of this Act. "(2) NOTICE NOT REQUIRED.—The notice of contemplated proceedings and opportunity to present views set forth in this subsection are not prerequisites to the institution of any proceeding by the Attorney General. "(3) WARNING NOTICES.—Nothing in this Act shall be construed as requiring the Administrator to institute proceedings for prosecution of minor violations of this Act whenever he believes that the public interest will be adequately served by a suitable written notice of warning.

"SEC. 10. PROTECTION OF TRADE SECRETS AND OTHER INFORMATION. " (a) IN GENERAL.—In submitting data required by this Act, the applicant may (1) clearly mark any portions thereof which in his opinion are trade secrets or commercial or financial information and (2) submit such marked material separately from other material required to be submitted mider this Act. " (b) DISCLOSURE.—Notwithstanding any other provision of this Act, the Administrator shall not make public information which in his judgment contains or relates to trade secrets or commercial or financial information obtained from a person and privileged or confidential, except that, when necessary to carry out the provisions of this Act, information relating to formulas of products acquired by authorization of this Act may be revealed to any Federal agency consulted and may be revealed at a public hearing or in findings of fact issued by the Administrator. " (c) DISPUTES.—If the Administrator jJroposes to release for inspection information which the applicant or registrant believes to be protected from disclosure under subsection (b), he shall notify the applicant or registrant, in writing, by certified mail. The Administrator shall not thereafter make available for inspection such data until thirty days after receipt of the notice by the applicant or registrant. During this period, the applicant or registrant may institute an action in an appropriate district court for a declaratory judgment as to whether such information is subject to protection under subsection (b). "SEC. 11. STANDARDS APPLICABLE TO PESTICIDE APPLICATORS.

" (a) IN GENERAL.—No regulations prescribed by the Administrator for carrying out the provisions of this Act shall require any private applicator to maintain any records or file any reports or other documents. " (b) SEPARATE STANDARDS.—When establishing or approving standards for licensing or certification, the Administrator shall establish separate standards for commercial and private applicators. "SEC. 12. UNLAWFUL ACTS. " (a) IN GENERAL.—

'

"(1) Except as provided by subsection (b), it shall be unlawful for any person in any State to distribute, sell, offer for sale, hold

989

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