Federal Register / Vol. 60, No. 85 / Wednesday, May 3, 1995 / Rules and Regulations 21953

§ 170.204 Exemptions.

The handlers listed in this section are

exempt from the specified provisions of

this subpart.

(a) Owners of agricultural

establishments. (1) The owner of an

agricultural establishment is not

required to provide to himself or

members of his immediate family who

are performing handling tasks on their

own agricultural establishment the

protections of:

(i) Section 170.210(b) and (c).

(ii) Section 170.222.

(iii) Section 170.230.

(iv) Section 170.232.

(v) Section 170.234.

(vi) Section 170.235.

(vii) Section 170 240(e) through (g).

(viii) Section 170.250.

(ix) Section 170.260.

(2) The owner of the agricultural

establishment must provide the

protections listed in paragraphs (a)(1)(i)

through (ix) of this section to other

handlers and other persons who are not

members of his immediate family.

(b) Crop advisors. (1) Provided that

the conditions of paragraph (b)(2) of this

section are met, a person who is

certified or licensed as a crop advisor by

a program acknowledged as appropriate

in writing by EPA or a State or Tribal

lead agency for pesticide enforcement,

and persons performing crop advising

tasks under such qualified crop

advisor’s direct supervision, are exempt

from the provisions of:

(i) Section 170.232.

(ii) Section 170.240.

(iii) Section 170.250.

(iv) Section 170.260.

A person is under the direct supervision

of a crop advisor when the crop advisor

exerts the supervisory controls set out in

paragraphs (b)(2)(iv) and (v) of this

section. Direct supervision does not

require that the crop advisor be

physically present at all times, but the

crop advisor must be readily accessible

to the employees at all times.

(2) Conditions of exemption. (i) The

certification or licensing program

requires pesticide safety training that

includes, at least, all the information in

§ 170.230(c)(4).

(ii) No entry into the treated area

occurs until after application ends.

(iii) Applies only when performing

crop advising tasks in the treated area.

(iv) The crop advisor must make

specific determinations regarding the

appropriate PPE, appropriate

decontamination supplies, and how to

conduct the tasks safely. The crop

advisor must convey this information to

each person under his direct

supervision in a language that the

person understands.

(v) Before entering a treated area, the

certified or licensed crop advisor must

inform, through an established practice

of communication, each person under

his direct supervision of the pesticide

products and active ingredient(s)

applied, method of application, time of

application, the restricted entry interval,

which tasks to undertake, and how to

contact the crop advisor.

(c) Grace period for persons

performing crop advisor tasks who are

not certified or licensed. (1) Provided

that the conditions of paragraph (c)(2) of

this section are met, a person who is

neither certified nor licensed as a crop

advisor and any person performing crop

advising tasks under his direct

supervision is exempt until May 1,

1996, from the requirements of:

(i) Section 170.230.

(ii) Section 170.232.

(iii) Section 170.240.

(iv) Section 170.250.

(v) Section 170.260.

(2) Conditions of exemption. (i) No

entry into the treated area occurs until

after application ends.

(ii) Applies only when the persons are

performing crop advising tasks in the

treated area.

(iii) The crop advisor must make

specific determinations regarding the

appropriate PPE, appropriate

decontamination supplies, and how to

conduct the tasks safely. The crop

advisor must convey this information to

each person under his direct

supervision in a language that the

person understands.

(iv) Before entering a treated area, the

crop advisor must inform, through an

established practice of communication,

each person under his direct

supervision of the pesticide products

and active ingredient(s) applied, method

of application, time of application, the

restricted entry interval, which tasks to

undertake, and how to contact the crop

advisor.

7. In § 170.230, by revising the section

title and paragraph (b) to read as

follows:

§ 170.230 Pesticide safety training for

handlers.

* * * * *

(b) Exceptions. The following persons

need not be trained under this section:

(1) A handler who is currently

certified as an applicator of restricteduse pesticides under part 171 of this

chapter.

(2) A handler who satisfies the

training requirements of part 171 of this

chapter.

(3) A handler who is certified or

licensed as a crop advisor by a program

acknowledged as appropriate in writing

by EPA or a State or Tribal lead agency

for pesticide enforcement, provided that

a requirement for such certification or

licensing is pesticide safety training that

includes all the information set out in

§ 170.230(c)(4).

[FR Doc. 95–10872 Filed 5–2–95; 8:45 am]

BILLING CODE 6560–50–F

40 CFR Part 170

[OPP–250104; FRL–4950–9]

Technical Amendment, Addition of

Table of Exception Decisions to EarlyEntry 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 § 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, ager.sara@epamail.epa.gov or

strauss.linda@epamail.epa.gov.

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

(§ 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
21954 Federal Register / Vol. 60, No. 85 / Wednesday, May 3, 1995 / Rules and Regulations

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 § 170.112

by adding two new paragraphs to

paragraph (e)(7) identifying the Federal

Register citations and effective dates for

administrative exceptions granted under

§ 170.112(e).

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 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:

§ 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