[Federal Register Volume 59, Number 111 (Friday, June 10, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-14179]
[[Page Unknown]]
[Federal Register: June 10, 1994]
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Part VII
Environmental Protection Agency
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40 CFR Part 170
Technical Amendment to Early-Entry Prohibition of the Worker Protection
Standard; Final Rule
Administrative Exception to Early-Entry Prohibition of the Worker
Protection Standard for Harvesting Cut Roses; Notice
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 170
[OPP-300164I; FRL-4866-5]
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
granting an administrative exception to the general prohibition on
early entry into pesticide treated areas for hand labor contained in
the Worker Protection Standard (WPS) issued under the Federal
Insecticide, Fungicide, and Rodenticide Act (FIFRA). That exception
allows, for a 2-year period, under specified conditions, early entry by
workers to harvest greenhouse-grown cut roses. To ensure that the
regulated community is aware of that and future administrative
exceptions to the early-entry prohibition, EPA is amending the WPS to
add a new Sec. 170.122(e)(7) that allows the regulated community to
locate Federal Register notices that set forth the terms and conditions
of the administrative exceptions.
EFFECTIVE DATE: June 10, 1994.
FOR FURTHER INFORMATION CONTACT: Therese Murtagh, Chief, Occupational
Safety Branch (7506C), Environmental Protection Agency, 401 M St., SW.,
Washington, DC 20460, (703) 305-7666.
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 to perform hand labor tasks
during restricted-entry intervals (referred to as ``early entry'').
Section 170.112(e) of the WPS provides a process for EPA to consider
and grant administrative exceptions to this prohibition on early entry.
In the Notice section of this Federal Register, EPA is granting the
first such administrative exception for early entry to harvest cut
roses. To ensure that the regulated community is aware of, and able to
locate, that and future administrative exceptions, EPA is amending
Sec. 170.112 by adding a new paragraph (e)(7) identifying the Federal
Register citations and effective dates for administrative exceptions
granted under Sec. 170.112(e).
The addition of paragraph (e)(7) to Sec. 170.112 is a technical
amendment. It does not make any substantive changes in the WPS or
Sec. 170.112. Accordingly, EPA finds that there is good cause to make
this amendment effective without notice and opportunity for public
comment because they are unnecessary. Under Sec. 170.112(e), EPA
provides notice and an opportunity for comment on proposed
administrative exceptions. There is no need for separate comment on
adding a cross-reference to Sec. 170.112(e) to those published
exception decisions. In addition, EPA finds that there is good cause to
make this technical amendment effective immediately upon publication so
that reference to the cut rose administrative exception, which is
itself effective immediately in this Federal Register, will appear in
the CFR immediately.
II. Regulatory Assessment Requirements
A. Executive Order 12866
Under Executive Order 12866 (58 FR 51835, October 4, 1993), EPA
must determine whether the regulatory action is ``significant'' and
therefore subject to review by the Office of Management and Budget
(OMB) and to the requirements of the Executive Order. Pursuant to the
terms of the Executive Order, EPA has determined that this technical
amendment 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: June 3, 1994.
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. In Sec. 170.112 by adding a new paragraph (e)(7) to read as
follows:
Sec. 170.112 Entry restrictions.
* * * * *
(e) * * *
(7) List of exceptions granted by EPA. The following administrative
exceptions from the requirements of this section have been granted by
EPA. Each exception listed in paragraph (e)(7) of this section contains
a reference to the Federal Register notice in which EPA has granted the
exception and the effective dates of the exception. The terms and
conditions of the exception appear in the referenced Federal Register
notice.
(i) Exception for hand labor to harvest greenhouse-grown cut roses
published in the Federal Register of June 10, 1994, effective from June
10, 1994, to June 10, 1996.
(ii) [Reserved].
[FR Doc. 94-14179 Filed 6-9-94; 8:45 am]
BILLING CODE 6560-50-F
