83 FR 29013 - Pesticides; Agricultural Worker Protection Standard; Notification of Availability

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 83, Issue 121 (June 22, 2018)

Page Range		29013-29014
FR Document		2018-13353

EPA is announcing the availability of training materials covering the expanded training content required by the Federal Insecticide, Fungicide and Rodenticide Act Worker Protection Standard (WPS) for both agricultural workers and pesticide handlers. The publication of this notification of availability triggers the WPS requirement that training programs must include all of the topics specified in the 2015 revisions to the WPS.

Federal Register, Volume 83 Issue 121 (Friday, June 22, 2018)

[Federal Register Volume 83, Number 121 (Friday, June 22, 2018)]
[Rules and Regulations]
[Pages 29013-29014]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-13353]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 170

[EPA-HQ-OPP-2011-0184; FRL-9979-50]
RIN 2070-AJ22


Pesticides; Agricultural Worker Protection Standard; Notification 
of Availability

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notification of availability.

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SUMMARY: EPA is announcing the availability of training materials 
covering the expanded training content required by the Federal 
Insecticide, Fungicide and Rodenticide Act Worker Protection Standard 
(WPS) for both agricultural workers and pesticide handlers. The 
publication of this notification of availability triggers the WPS 
requirement that training programs must include all of the topics 
specified in the 2015 revisions to the WPS.

DATES: Training programs must include all of the topics specified in 40 
CFR 170.401(c)(3)(i)-(xxiii) and 170.501(c)(3)(i)-(xiv) no later than 
December 19, 2018.

FOR FURTHER INFORMATION CONTACT: EPA is not requesting, and does not 
expect to receive, comments on this notification of availability. 
Questions should be directed to: Jennifer Park, Field and External 
Affairs Division (7506P), Office of Pesticide Programs, Environmental 
Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460-
0001; telephone number: (703) 347-0121; email address: 
Park.Jennifer@epa.gov.

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this action apply to me?

    You may be potentially affected by this action if you work in or 
employ persons working in crop production agriculture where pesticides 
are applied. The following list of North American Industrial 
Classification System (NAICS) codes is not intended to be exhaustive, 
but rather provides a guide to help readers determine whether this 
document applies to them. Potentially affected entities may include:
     Agricultural Establishments (NAICS code 111000), e.g., 
establishments or persons, such as farms, orchards, groves, 
greenhouses, and nurseries, primarily engaged in growing crops, plants, 
vines, or trees and their seeds.
     Nursery and Tree Production (NAICS code 111421), e.g., 
establishments or persons primarily engaged in (1) growing nursery 
products, nursery stock, shrubbery, bulbs, fruit stock, sod, and so 
forth, under cover or in open fields and/or (2) growing short rotation 
woody trees with a growth and harvest cycle of 10 years or less for 
pulp or tree stock.
     Timber Tract Operations (NAICS code 113110), e.g., 
establishments or persons primarily engaged in the operation of timber 
tracts for the purpose of selling standing timber.
     Forest Nurseries and Gathering of Forest Products (NAICS 
code 113210), e.g., establishments or persons primarily engaged in (1) 
growing trees for reforestation and/or (2) gathering forest products, 
such as gums, barks, balsam needles, rhizomes, fibers, Spanish moss, 
ginseng, and truffles.
     Farm Workers (NAICS codes 11511, 115112, and 115114), 
e.g., establishments or persons primarily engaged in providing support 
activities for growing crops; establishments or persons primarily 
engaged in performing a soil preparation activity or crop production 
service, such as plowing, fertilizing, seed bed

[[Page 29014]]

preparation, planting, cultivating, and crop protecting services; and 
establishments or persons primarily engaged in performing services on 
crops, subsequent to their harvest, with the intent of preparing them 
for market or further processing.
     Pesticide Handling on Farms (NAICS code 115112), e.g., 
establishments or persons primarily engaged in performing a soil 
preparation activity or crop production service, such as seed bed 
preparation, planting, cultivating, and crop protecting services.
     Farm Labor Contractors and Crew Leaders (NAICS code 
115115), e.g., establishments or persons primarily engaged in supplying 
labor for agricultural production or harvesting.
     Pesticide Handling in Forestry (NAICS code 115310), e.g., 
establishments or persons primarily providing support activities for 
forestry, such as forest pest control.
     Pesticide Manufacturers (NAICS code 325320), e.g., 
establishments primarily engaged in the formulation and preparation of 
agricultural and household pest control chemicals (except fertilizers).
     Farm Worker Support Organizations (NAICS codes 813311, 
813312, and 813319), e.g., establishments or persons primarily engaged 
in promoting causes associated with human rights either for a broad or 
specific constituency; establishments or persons primarily engaged in 
promoting the preservation and protection of the environment and 
wildlife; and establishments primarily engaged in social advocacy.
     Farm Worker Labor Organizations (NAICS code 813930), e.g., 
establishments or persons primarily engaged in promoting the interests 
of organized labor and union employees.
     Crop Advisors (NAICS codes 115112, 541690, 541712) e.g., 
establishments or persons who primarily provide advice and assistance 
to businesses and other organizations on scientific and technical 
issues related to pesticide use and pest pressure.

II. Background

    On November 2, 2015, EPA published a final rule making changes to 
the WPS, 40 CFR part 170, referred to as the ``2015 revised WPS'' (80 
FR 67496) (FRL-9931-81). The WPS is a regulation primarily intended to 
reduce the risks of injury or illness resulting from agricultural 
workers' and handlers' use of and contact with agricultural pesticides 
on farms, forests, nurseries and greenhouses. The rule primarily seeks 
to protect workers (those who perform hand-labor tasks on pesticide-
treated crops, such as harvesting, thinning or pruning) and handlers 
(those who mix, load and apply pesticides). The 2015 revised WPS 
requirements retained many of the 1992 WPS requirements, while 
increasing the stringency of some standards and adding new 
requirements.

III. Availability of Training Materials and Deadline for Compliance 
With New Training Requirements

    Sections 170.401 and 170.501 of the 2015 revised WPS allowed 
employers to omit certain topics from training materials until 180 days 
after EPA publishes in the Federal Register a notification of 
availability of new WPS training materials. EPA is announcing the 
availability of new training materials covering the expanded training 
content for both workers and handlers. These materials, developed 
through a cooperative agreement with the Pesticide Education Resources 
Collaborative (PERC), are available at http://pesticideresources.org/. 
These materials have been approved by EPA and contain the content 
required by the 2015 revised WPS. There are also new training materials 
developed by other organizations that have been approved by EPA and 
contain the content required by the 2015 revised WPS; some of these 
materials are available on the PERC website and others are proprietary.
    EPA is currently reconsidering three requirements of the 2015 
revised WPS and plans to solicit comments on potential changes to the 
designated representative provision, the minimum age for handlers and 
early-entry workers, and the application exclusion zone. If those 
requirements are changed through a final rulemaking, training materials 
may need to be amended to reflect such changes.
    The publication of this notification of availability of the 
training materials specified in 40 CFR 170.401(c)(3) and 170.501(c)(3) 
commences the 180-day period provided in those provisions. Per 
Sec. Sec.  170.401(c)(3) and 170.501(c)(3), WPS training programs must 
include all of the topics specified in Sec. Sec.  170.401(c)(3)(i)-
(xxiii) and 170.501(c)(3)(i)-(xiv) no later than December 19, 2018.

List of Subjects in 40 CFR Part 170

    Environmental protection, Agricultural worker, Employer, Farms, 
Forests, Greenhouses, Nurseries, Pesticide handler, Pesticides, Worker 
protection standard.

    Dated: June 13, 2018.
Charlotte Bertrand,
Acting Principal Deputy Assistant Administrator, Office of Chemical 
Safety and Pollution Prevention.
[FR Doc. 2018-13353 Filed 6-21-18; 8:45 am]
BILLING CODE 6560-50-P

Federal Register / Vol. 83, No. 121 / Friday, June 22, 2018 / Rules and Regulations 29013

Manual 023–01–001–01, Rev.01. A enforcement vessel will coordinate all 170.401(c)(3)(i)–(xxiii) and
Record of Environmental Consideration vessel traffic during the enforcement 170.501(c)(3)(i)–(xiv) no later than
supporting this determination is periods. December 19, 2018.
available in the docket where indicated (d) Regulations. (1) In accordance FOR FURTHER INFORMATION CONTACT: EPA
under ADDRESSES. with the general regulations in § 165.23, is not requesting, and does not expect to
entry into this zone is prohibited unless receive, comments on this notification
G. Protest Activities
authorized by the COTP or a designated of availability. Questions should be
The Coast Guard respects the First representative. A designated directed to: Jennifer Park, Field and
Amendment rights of protesters. representative is a commissioned, External Affairs Division (7506P), Office
Protesters are asked to contact the warrant, or petty officer of the U.S. of Pesticide Programs, Environmental
person listed in the FOR FURTHER Coast Guard assigned to units under the Protection Agency, 1200 Pennsylvania
INFORMATION CONTACT section to operational control of USCG Sector Ave. NW, Washington, DC 20460–0001;
coordinate protest activities so that your Mobile. telephone number: (703) 347–0121;
message can be received without (2) Persons or vessels seeking to enter email address: Park.Jennifer@epa.gov.
jeopardizing the safety or security of into or transit through the zone must SUPPLEMENTARY INFORMATION:
people, places or vessels. request permission from the COTP or a
designated representative. They may be I. General Information
List of Subjects 33 CFR Part 165
contacted on VHF–FM channel 16 or by A. Does this action apply to me?
Harbors, Marine safety, Navigation telephone at 251–441–5976.
(water), Reporting and recordkeeping (3) Persons and vessels permitted to You may be potentially affected by
requirements, Security measures, enter this safety zone must transit at this action if you work in or employ
Waterways. their slowest safe speed and comply persons working in crop production
For the reasons discussed in the with all lawful directions issued by the agriculture where pesticides are
preamble, the Coast Guard amends 33 COTP or the designated representative. applied. The following list of North
CFR part 165 as follows: (e) Informational broadcasts. The American Industrial Classification
COTP or a designated representative System (NAICS) codes is not intended
PART 165—REGULATED NAVIGATION will inform the public of the to be exhaustive, but rather provides a
AREAS AND LIMITED ACCESS AREAS enforcement periods of this safety zone guide to help readers determine whether
through BNMs, LNMs, and/or MSIBs as this document applies to them.
■ 1. The authority citation for part 165 Potentially affected entities may
appropriate.
continues to read as follows: include:
Authority: 33 U.S.C. 1231; 50 U.S.C. 191;
Dated: June 6, 2018. • Agricultural Establishments (NAICS
33 CFR 1.05–1; 6.04–1, 6.04–6, and 160.5; M.R. McLellan, code 111000), e.g., establishments or
Department of Homeland Security Delegation Captain, U.S. Coast Guard, Captain of the persons, such as farms, orchards, groves,
No. 0170.1. Port Sector Mobile. greenhouses, and nurseries, primarily
■ 2. Add § 165.T08–0531 to read as [FR Doc. 2018–13433 Filed 6–21–18; 8:45 am] engaged in growing crops, plants, vines,
follows: BILLING CODE 9110–04–P or trees and their seeds.
• Nursery and Tree Production
§ 165.T08–0531 Safety Zone; Unexploded (NAICS code 111421), e.g.,
Ordnance Detonation, Gulf of Mexico, establishments or persons primarily
Pensacola, FL. ENVIRONMENTAL PROTECTION
AGENCY engaged in (1) growing nursery
(a) Location. The following area is a products, nursery stock, shrubbery,
safety zone: All navigable waters on the 40 CFR Part 170 bulbs, fruit stock, sod, and so forth,
Gulf of Mexico within the approximate under cover or in open fields and/or (2)
positions 30°17′47.65″ N, 87°21′36.5″ W; [EPA–HQ–OPP–2011–0184; FRL–9979–50] growing short rotation woody trees with
30°17′47.65″ N, 87°19′39.8″ W; RIN 2070–AJ22 a growth and harvest cycle of 10 years
30°16′6.35″ N, 87°19′39.8″ W; and or less for pulp or tree stock.
30°16′6.35″ N, 87°21′36.5″ W near Fort Pesticides; Agricultural Worker • Timber Tract Operations (NAICS
Pickens in Pensacola, FL. Protection Standard; Notification of code 113110), e.g., establishments or
(b) Effective dates. This section is Availability persons primarily engaged in the
effective without actual notice from operation of timber tracts for the
June 22, 2018 through June 30, 2018. AGENCY: Environmental Protection purpose of selling standing timber.
For purposes of enforcement, actual Agency (EPA). • Forest Nurseries and Gathering of
notice will be used from June 14, 2018 ACTION: Notification of availability. Forest Products (NAICS code 113210),
through June 22, 2018. e.g., establishments or persons primarily
(c) Enforcement periods. This section SUMMARY: EPA is announcing the engaged in (1) growing trees for
will be enforced during the effective availability of training materials reforestation and/or (2) gathering forest
period one hour prior to, during, and covering the expanded training content products, such as gums, barks, balsam
after any ordnance exploding required by the Federal Insecticide, needles, rhizomes, fibers, Spanish moss,
operations. The operations will take Fungicide and Rodenticide Act Worker ginseng, and truffles.
place during daylight hours only. The Protection Standard (WPS) for both • Farm Workers (NAICS codes 11511,
Captain of the Port Sector Mobile agricultural workers and pesticide 115112, and 115114), e.g.,
(COTP) or a designated representative handlers. The publication of this establishments or persons primarily
daltland on DSKBBV9HB2PROD with RULES

will inform the public through notification of availability triggers the engaged in providing support activities
Broadcast Notices to Mariners (BNMs), WPS requirement that training programs for growing crops; establishments or
Local Notices to Mariners (LNMs), and/ must include all of the topics specified persons primarily engaged in
or Marine Safety Information Bulletins in the 2015 revisions to the WPS. performing a soil preparation activity or
(MSIBs) at least 3 hours in advance of DATES: Training programs must include crop production service, such as
each enforcement period. A law all of the topics specified in 40 CFR plowing, fertilizing, seed bed

VerDate Sep<11>2014 16:09 Jun 21, 2018 Jkt 244001 PO 00000 Frm 00037 Fmt 4700 Sfmt 4700 E:\FR\FM\22JNR1.SGM 22JNR1

Document Created: 2018-11-06 09:50:42
Document Modified: 2018-11-06 09:50:42

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Rules and Regulations
Action		Notification of availability.
Dates		Training programs must include all of the topics specified in 40 CFR 170.401(c)(3)(i)-(xxiii) and 170.501(c)(3)(i)-(xiv) no later than December 19, 2018.
Contact		EPA is not requesting, and does not expect to receive, comments on this notification of availability. Questions should be directed to: Jennifer Park, Field and External Affairs Division (7506P), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460-
FR Citation		83 FR 29013
RIN Number		2070-AJ22
CFR Associated		Environmental Protection; Agricultural Worker; Employer; Farms; Forests; Greenhouses; Nurseries; Pesticide Handler; Pesticides and Worker Protection Standard