95-10874. Technical Amendment, Addition of Table of Exception Decisions to Early-Entry Prohibition, Worker Protection Standard; Final Rule

[Federal Register Volume 60, Number 85 (Wednesday, May 3, 1995)]
[Rules and Regulations]
[Pages 21953-21954]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-10874]



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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 170

[OPP-250104; FRL-4950-9]


Technical Amendment, Addition of Table of Exception Decisions to 
Early-Entry Prohibition, Worker Protection Standard; Final Rule

AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.

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SUMMARY: In the Notices section of this Federal Register, EPA is 
providing notice for two additional administrative exceptions to the 
general prohibition on early entry into pesticide treated areas 
contained in the Worker Protection Standard (WPS) issued under the 
Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). The 
exceptions allow, under specific conditions, early entry for workers to 
perform irrigation and limited contact tasks. Both exceptions are in 
response to requests the Agency received from the agricultural 
community. To ensure that the regulated community is aware of these and 
future administrative exceptions to the early-entry prohibition, EPA is 
amending the WPS to add a new Sec. 170.112(e)(7) that informs the 
regulated community where to locate Federal Register notices that set 
forth the terms and conditions of the administrative exceptions.
EFFECTIVE DATE: May 3, 1995.
FOR FURTHER INFORMATION CONTACT:  Sara Ager or Linda Strauss, Office of 
Pesticide Progrms (7506C), Environmental Protection Agency, 401 M St., 
SW., Washington, DC 20460. Office location, telephone number and e-mail 
address: 1921 Jefferson Davis Highway, Rm. 1121, Crystal Mall 2, 
Arlington, VA 22202, Telephone: [phone], [e-mail] 
or [e-mail].

SUPPLEMENTARY INFORMATION:

I. Background and Purpose

    EPA issued the WPS on August 21, 1992 (57 FR 38102) (40 CFR part 
170). The WPS includes a prohibition (Sec. 170.112) against routine 
early entry into pesticide treated areas during restricted-entry 
interval (referred to as ``early entry''). Section 170.112(e) of the 
[[Page 21954]] WPS provides a process for EPA to consider and grant 
administrative exceptions to this prohibition on early entry. In the 
Notices section of this Federal Register, EPA is granting the second 
and third such administrative exceptions. EPA is amending Sec. 170.112 
by adding two new paragraphs to paragraph (e)(7) identifying the 
Federal Register citations and effective dates for administrative 
exceptions granted under Sec. 170.112(e).
    The addition to paragraph (e)(7) is a technical amendment. It does 
not make any substantive changes in the WPS or Sec. 170.112. EPA 
provided notice and an opportunity for comment on the proposed 
administrative exceptions. Detailed discusssion of the public comments 
and the Agency's response are found in the Response to Public Comments 
in the docket.

II. Regulatory Assessment Requirements

A. Executive Order 12866

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), the 
Agency must determine whether the regulatory action is ``significant'' 
and therefore subject to review by the Office of Management and Budget 
(OMB). Under section 3(f), the order defines ``significant regulatory 
action'' as action that is likely to result in a rule (1) having an 
annual effect on the economy of $100 million or more, or adversely and 
materially affecting a sector of the economy, productivity, 
competition, jobs, the environment, public health or safety, or State, 
local or tribal governments or communities (also referred to as 
``economically significant''); (2) creating serious inconsistency or 
otherwise interfering with an action taken or planned by another 
agency; (3) materially altering the budgetary impacts of entitlement, 
grants, user fees, or loan programs; or (4) raising novel legal or 
policy issues arising out of legal mandates, the President's 
priorities, or the principles set forth in this Executive Order. 
Pursuant to the terms of this Executive Order, it has been determined 
that this rule is not ``significant'' and is therefore not subject to 
OMB review.

B. Regulatory Flexibility Act

    Under the Regulatory Flexibility Act (5 U.S.C. 650(b)), EPA has 
determined that this technical amendment will not have a significant 
impact on a substantial number of small businesses since the technical 
amendment makes no substantive changes in the WPS.

C. Paperwork Reduction Act

    This technical amendment contains no information collection 
requirements as defined in the Paperwork Reduction Act (44 U.S.C. 3502 
et seq.)

List of Subjects in 40 CFR Part 170

    Administrative practice and procedure, Labeling, Occupational 
safety and health, Reporting and recordkeeping requirements.

    Dated: April 24, 1995.

Lynn R. Goldman,

Assistant Administrator for Prevention, Pesticides and Toxic 
Substances.
    Therefore, 40 CFR chapter I, subchapter E, part 170 is amended as 
follows:

PART 170--[AMENDED]

    1. The authority citation for part 170 continues to read as 
follows:

    Authority: 7 U.S.C. 136w.


    2. Section 170.112 is amended by adding paragraph (e)(7)(ii) and 
(iii) to read as follows:


Sec. 170.112  Entry restrictions.

*    *    *    *    *
    (e) *    *    *
    (7) *    *    *
    (ii) Exception to perform irrigation tasks under specified 
conditions published in the Federal Register of May 3, 1995.
    (iii) Exceptions to perform limited contact tasks under specified 
conditions published in the Federal Register of May 3, 1995.

[FR Doc. 95-10874 Filed 5-2-95; 8:45 am]
BILLING CODE 6560-50-F