[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