[Federal Register Volume 62, Number 192 (Friday, October 3, 1997)]
[Rules and Regulations]
[Page 52003]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-26322]


      

  Federal Register / Vol. 62, No. 192 / Friday, October 3, 1997 / Rules 
and Regulations  

[[Page 52003]]



ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 170

[OPP-250122; FRL-5599-3]
RIN 2070-AC95


Exception Decisions to Early Entry Prohibition, Worker Protection 
Standard; Technical Amendment

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule; technical amendment.

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SUMMARY: EPA is modifying its worker protection regulation to provide 
notice of an additional administrative exception 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 exception 
allows, under specific conditions, early entry for workers to hand 
harvest greenhouse grown cut-roses. To ensure that the regulated 
community is aware of this and future administrative exceptions to the 
early-entry prohibition, EPA is amending the WPS to add a new paragraph 
to Sec. 170.112(e)(7) which informs the regulated community where to 
locate Federal Register notices that set forth the terms and conditions 
of the administrative exceptions.

EFFECTIVE DATE: This document is effective Ocotber 3, 1997.

FOR FURTHER INFORMATION CONTACT: Sara Ager, Office of Pesticide 
Programs (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, (703) 305-7666, e-mail: [email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    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 
WPS provides a process for EPA to consider and grant administrative 
exceptions to this prohibition on early entry. Elsewhere in this issue 
of the Federal Register, EPA is granting the fourth such administrative 
exception. The exception allows, under specific conditions, early entry 
for workers to hand harvest greenhouse grown cut-roses. The exception 
allows, under specific conditions, early entry for workers to hand 
harvest greenhouse grown cut-roses. 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 opportunity for comment on 
the proposed administrative exception (61 FR 56100, October 30, 1996) 
(FRL-5571-8).

II. Regulatory Assessment Requirements

    This final rule does not impose any requirements. It only 
implements a technical correction to the Code of Federal Regulations 
(CFR). As such, this action does not require review by the Office of 
Management and Budget under Executive Order 12866, entitled Regulatory 
Planning and Review (58 FR 51735, October 4, 1993), the Paperwork 
Reduction Act, 44 U.S.C. 3501 et seq., or Executive Order 13045, 
entitled Protection of Children from Environmental Health Risks and 
Safety Risks (62 FR 19885, April 23, 1997). For the same reason, it 
does not require any action under Title II of the Unfunded Mandates 
Reform Act of 1995 (Pub. L. 104-4), Executive Order 12875, entitled 
Enhancing the Intergovernmental Partnership (58 FR 58093, October 28, 
1993), or Executive Order 12898, entitled Federal Actions to Address 
Environmental Justice in Minority Populations and Low-Income 
Populations (59 FR 7629, February 16, 1994). In addition, since this 
type of action does not require any proposal, no action is needed under 
the Regulatory Flexibility Act (5 U.S.C. 601 et seq.).

III. Submission to Congress and the General Accounting Office

    Under 5 U.S.C. 801(a)(1)(A), as added by the Small Business 
Regulatory Enforcement Fairness Act of 1996, the Agency has submitted a 
report containing this rule and other required information to the U.S. 
Senate, the U.S. House of Representatives, and the Comptroller General 
of the General Accounting Office prior to publication of this rule in 
today's Federal Register. This is a technical correction to the CFR and 
is not a major rule as defined by 5 U.S.C. 804(2).

List of Subject in 40 CFR Part 170

    Environmental protection, Administrative practice and procedure, 
Labeling, Occupational safety and health, Pesticides and pests.

    Dated: September 29, 1997.
Susan H. Wayland,
Acting Assistant Administrator for Prevention, Pesticides and Toxic 
Substances.
    Therefore, 40 CFR 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)(iv) to 
read as follows:


Sec. 170.112   Entry restrictions.

    (e)  *  *  *
    (7)  *  *  *
    (iv) Exception for hand labor to harvest greenhouse-grown roses 
under specified conditions published in the Federal Register of Ocotber 
3, 1997, effective December 18, 1996 to October 4, 1999.

[FR Doc. 97-26322 Filed 10-2-97; 8:45 am]
BILLING CODE 6560-50-F