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

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

§ 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:

ager.sara@epamail.epa.gov.

SUPPLEMENTARY INFORMATION:

I. Background

EPA issued the WPS on August 21,

1992 (57 FR 38102) (40 CFR part 170).

The WPS includes a prohibition

(§ 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 cutroses. 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

§ 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:

§ 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]

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