Federal Register / Vol. 63, No. 88 /Thursday, May 7, 1998 /Rules and Regulations 25167

(i) Describe the project fully, explain

the process by which the Postal Service

will solicit and consider input from the

affected community, and solicit a

working partnership with the

community officials for the success of

the project.

(ii) Emphasize that in meeting a need

for increased space, the first priority is

to expand the existing facility, the

second priority is to find an existing

building in the same area as the current

facility, and the third option is to build

on a new site that will be either owned

or leased.

(iii) Ask that a Postal Service

presentation of the project be placed on

the regular agenda of a public meeting

or hearing. If no such meeting is

planned within the next 60 days or the

agenda of a planned meeting cannot

accommodate the project, the Postal

Service will schedule a public hearing

concerning the project and will

advertise the hearing in a local general

circulation newspaper.

(iv) Give the local officials a letter

describing the intended project.

(2) Notify the lessor of the affected

facility in writing.

(3) Send an initial appropriate press

release to local news media.

(4) Except as provided herein, attend

or conduct one or more public hearings

to describe the project to the

community, invite questions, solicit

written comment, and describe the

process by which community input will

be considered. If it is known at the time

that the existing facility is not able to be

expanded or that expansion is

impracticable, that fact will be disclosed

and the project file documented as to

the reasons expansion is not possible or

practical. Exception: If circumstances

prevent postal representatives from

attending or conducting a public

meeting or hearing on the planned

project within a reasonable time, the

Postal Service must distribute a

notification card to all affected

customers, seeking their comment or

other feedback. In addition, if the

decision is to distribute notification

cards, the project file must document

the circumstances that prevented postal

representatives from conducting or

attending a public hearing or meeting

within a reasonable time; in no event

shall a lack of public interest or

objection constitute a qualifying

circumstance.

(5) Review comments and notify local

officials of decision. After the date of

the most recent public meeting or the

date of distribution of notification cards,

make a decision (e.g., relocation to

another building, new construction, or

expansion of the existing facility) that

takes into account community input and

is consistent with prudent business

practices and postal objectives, and

notify local officials in writing. Take no

action on the decision for at least 15

days following notification of local

officials.

(6) Advertise for sites and existing

buildings, in accordance with the

decision.

(d) New site or existing buildings—

historic preservation. (1) It is the policy

of the Postal Service, by virtue of Board

of Governors Resolution No. 82–7, to

comply with Section 106 of the general

provisions of the National Historic

Preservation Act, (16 U.S.C. 470 et seq.),

Executive Order 13006, and, through it,

Executive Order 12072. Therefore, when

the decision is to relocate to another

existing building, that building will be

selected in accordance with Section 106

of the National Historic Preservation Act

and applicable provisions of the

executive orders identified above.

(2) When the decision is to advertise

for sites and existing buildings, once

such sites have been identified, advise

local officials of all contending sites and

with respect to all sites not selected,

provide an explanation.

(3) Once a site or existing building has

been selected, notify local officials of

the selection decision.

(4) Take no final action to acquire or

lease the new location for 15 days.

(e) Planning, zoning, building codes.

It is the policy of the Postal Service to

comply with local planning and zoning

requirements and building codes to the

maximum extent feasible consistent

with postal needs and objectives. To

promote a partnership with local

officials and ensure conformance with

local building codes, plans and

drawings will be sent to appropriate

building department or other officials

for review. The Postal Service will give

local public officials written notice of

any timely, written objections or

recommendations that it does not plan

to adopt or implement.

(f) Continuing communication. During

construction, whether renovation or

new construction, the postmaster will

keep local officials and the community

informed via letters and news releases.

The postmaster and other postal

officials will plan, conduct, and invite

the community and local officials to any

‘‘grand opening.’’

Stanley F. Mires,

Chief Counsel, Legislative.

[FR Doc. 98–12064 Filed 5–6–98; 8:45 am]

BILLING CODE 7710–12–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[PA041–4069; FRL–6009–3]

Approval and Promulgation of Air

Quality Implementation Plans;

Pennsylvania; Conditional Limited

Approval of the Pennsylvania VOC and

NOx RACT Regulation; Correction

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule; correcting

amendment.

SUMMARY: This document corrects an

error in the amendatory instruction in a

final rule pertaining to the Pennsylvania

VOC and NOX RACT Regulation.

EFFECTIVE DATE: April 22, 1998.

FOR FURTHER INFORMATION CONTACT:

Cynthia H. Stahl, (215) 566–2180 or by

e-mail at

stahl.cynthia@epamail.epa.gov.

SUPPLEMENTARY INFORMATION: EPA

published a document on March 23,

1998 (63 FR 13789) inadvertently

adding paragraph (e) to § 52.2026 when

that paragraph already existed. The

intent of the rule was to amend that

section by adding a paragraph (f). This

document corrects the erroneous

amendatory language.

Correction

In the final rule published in the

Federal Register on March 23, 1998 (63

FR 13789), on page 13794 in the third

column, the fourth amendatory

instruction is corrected to read—‘‘4.

Section 52.2026 is amended by adding

a paragraph (f) to read as follows:’’ and

the new text is designated as paragraph

(f).

Administrative Requirements

Under Executive Order 12866 (58 FR

51735, October 4, 1993), this action is

not a ‘‘significant regulatory action’’

and, is therefore not subject to review by

the Office of Management and Budget.

In addition, this action does not impose

any enforceable duty or contain any

unfunded mandate as described in the

Unfunded Mandates Reform Act of 1995

(Pub. L. 104–4), or require prior

consultation with State officials as

specified by Executive Order 12875 (58

FR 58093, October 28, 1993), or involve

special consideration of environmental

justice related issues as required by

Executive Order 12898 (59 FR 7629,

February 16, 1994).

Because this corrective rulemaking

action is not subject to notice-andcomment requirements under the
25168 Federal Register / Vol. 63, No. 88 /Thursday, May 7, 1998 /Rules and Regulations

Administrative Procedure Act or any

other statute, it is not subject to the

provisions of the Regulatory Flexibility

Act (5 U.S.C. 601 et seq.).

The Congressional Review Act, 5

U.S.C. 801 et seq., as added by the Small

Business Regulatory Enforcement

Fairness Act of 1996, generally provides

that before a rule may take effect, the

agency promulgating the rule must

submit a rule report, which includes a

copy of the rule, to each House of the

Congress and to the Comptroller General

of the United States. EPA will submit 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 United

States prior to publication of the rule in

the Federal Register. This rule for the

Pennsylvania VOC and NOx RACT

Regulation is not a ‘‘major rule’’ as

defined by 5 U.S.C. 804(2).

Dated: April 27, 1998.

Andrew Carlin,

Acting Regional Administrator, Region III.

[FR Doc. 98–11878 Filed 5–6–98; 8:45 am]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 156

[OPPTS–00238; FRL–5785–2]

Labeling Requirements for Pesticides;

Respirator Compliance Policy

Statement

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Policy statement.

SUMMARY: The National Institute for

Occupational Safety and Health (NIOSH

has developed changes to the

regulations at 42 CFR part 84 that set

forth certification standards for nonpowered air-purifying particulate

respirators. EPA has determined that all

42 CFR part 84 respirators meet or

exceed all 30 CFR part 11 respirator

(hereinafter part 11 and part 84

respirators) requirements, and that

respirators certified under part 84 will

be considered the equivalent of a

respirator certified under part 11. EPA

will allow pesticide handlers to use

either part 11 or part 84 respirators to

satisfy non-powered, air-purifying

respirator requirements for pesticide

applications. The Agency will publish

an amendment to 40 CFR 156.212 to

reflect the NIOSH changes in particulate

respirator designations and a Pesticide

Registration (PR) Notice to direct

registrants on how to modify product

labels.

EFFECTIVE DATE: This document is

effective April 24, 1998.

FOR FURTHER INFORMATION CONTACT:

Yvette Hellyer, Toxics and Pesticides

Enforcement Division (2245A),

Environmental Protection Agency, 401

M St., SW., Washington, DC 20460,

Telephone: 202–564–4033, E-mail:

hellyer.yvette@epa.gov; or, Judy Smith,

Field and External Affairs Division

(7506C), Office of Pesticide Programs,

Environmental Protection Agency, 401

M St., SW., Washington, DC 20460,

Telephone: 703–305–5621, E-mail:

smith.judy@epa.gov.

I. Background

On July 10, 1995, NIOSH modified its

existing regulation, 30 CFR part 11, and

changed the certification standards for

non-powered, air-purifying particulate

filters. The NIOSH change was made to

update and upgrade certification tests

developed in the 1930’s by the Bureau

of Mines. The new regulation, 42 CFR

part 84, requires that respirators

certified under 42 CFR part 84 undergo

a different test using a more penetrating

particle size than in the past and takes

into account the presence of oil in the

contaminant.

The NIOSH certification changes

require that manufacture and

certification of part 11 respirators cease

on July 10, 1998; however, distributors

and other respiratory protection product

sellers can continue to sell their existing

supplies. In terms of additional NIOSH

certification changes, canister type

respirators that are certified for use with

pesticides will not be made after July

10, 1998. Combination respirators, those

certified for use for paints and

pesticides, will also not be made after

July 10, 1998. Certification requirements

for all other respirator types, such as

powered air-purifying respirators

(PAPR) were transferred from 30 CFR

part 11 to 42 CFR part 84 without

change.

To minimize the impact of the

manufacturing transition from part 11 to

part 84 respirators, all particulate

respirator manufacturers now sell part

84 respirators and are now phasing out

part 11 respirators. Manufacturers

cannot precisely estimate when the

existing supply of part 11 respirators

will be exhausted, but a general

consensus in the industry estimates this

will occur in 3 years.

II. NIOSH Certification Changes and

EPA Determination

NIOSH certifies part 84 respirators

using a more rigorous testing method,

and EPA has determined that part 84

respirators provide at least as much

protection to pesticide handlers,

applicators, and users as part 11

respirators. As a result, a pesticide user

may substitute a part 84 non-powered,

air-purifying particulate respirator for a

part 11 respirator even though the

pesticide product label requires use of a

part 11 respirator, and EPA will not

initiate an enforcement action for

misuse of the product. This substitution

will only be allowed until the pesticide

product label change from part 11 to

part 84 respirator requirements have

been completed. Following the pesticide

product label change to part 84

respirators, this substitution will no

longer apply.

III. Information for Registrants

EPA plans to require label changes for

pesticide products because of the

NIOSH certification changes, and this

will impact pesticide registrants. EPA

will issue a Pesticide Registration (PR)

Notice that will call for registrants to

add 42 CFR part 84 language to the

existing respirator language (30 CFR

part 11) on current product labels. The

Agency also intends to amend 40 CFR

156.212 to incorporate the new NIOSH

designations for dust/mist filtering

respirators and organic vapor-removing

cartridge respirators. The revised rule

will affect the pesticide product labels

with part 11 respirator requirements,

i.e., those requiring either a Mine Safety

and Health Administration (MSHA)/

NIOSH-approved dust filtering

respirator (known as a TC-21C) or a

MSHA/NIOSH-approved organic vapor

removing cartridge respirator with a

prefilter approved for pesticides

(MSHA/NIOSH approval number prefix

TC-23C), and will require the addition

of 42 CFR part 84 language to the

product label.

IV. Information for Pesticide

Applicators

Given that both part 11 or part 84

respirators meet respiratory protection

requirements for pesticide products, the

Agency is confident that allowing

pesticide handlers to use part 84

respirators will assure applicators of an

adequate supply of acceptable

respirators.

V. Compliance and Enforcement

The Federal Insecticide, Fungicide,

and Rodenticide Act (FIFRA) section

12(a)(2)(G) states that it is unlawful ‘‘to

use any registered pesticide in a manner

inconsistent with its labeling.’’ EPA has

determined that both part 11 or part 84

respirators will provide adequate

protection for users. Therefore, EPA

considers the part 84 respirator to be the

equivalent of part 11 respirators for the

purpose of complying with the label of