[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] ----------------------------------------------------------------------- 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. ----------------------------------------------------------------------- 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: 703-305-7666, [email protected] or [email protected]. 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