[Federal Register Volume 82, Number 92 (Monday, May 15, 2017)]
[Rules and Regulations]
[Pages 22294-22296]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-09386]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 171

[EPA-HQ-OPP-2011-0183; FRL-9962-31]
RIN 2070-AK38


Pesticides; Certification of Pesticide Applicators Rule; 
Extension of Effective Date

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule; request for comments.

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SUMMARY: On January 4, 2017, EPA published a final rule revising the 
regulation concerning the certification of applicators of restricted 
use pesticides (RUPs). The original effective date of March 6, 2017 was 
extended to March 21, 2017 by rule issued January 26, 2017, and 
subsequently extended to May 22, 2017 by rule issued March 20, 2017. In 
accordance with the Presidential directives as expressed in the 
memorandum of January 20, 2017, from the Assistant to the President and 
Chief of Staff, entitled ``Regulatory Freeze Pending Review,'' and the 
principles identified in the April 25, 2017 Executive Order ``Promoting 
Agriculture and Rural Prosperity in America,'' EPA is proposing to 
further delay the effective date of the January 4, 2017 revisions to 
the Certification of Pesticide Applicators rule until May 22, 2018.

DATES: Comments must be received on or before May 19, 2017.

ADDRESSES: Submit your comments, identified by docket identification 
(ID) number EPA-HQ-OPP-2011-0183, by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the online instructions for submitting comments. Do not submit 
electronically any information you consider to be Confidential Business 
Information (CBI) or other information whose disclosure is restricted 
by statute.
     Mail: OPP Docket, Environmental Protection Agency Docket 
Center (EPA/DC) (28221T), 1200 Pennsylvania Ave. NW., Washington, DC 
20460-0001. In addition, please mail a copy of your comments on the 
information collection provisions to the Office of Information and 
Regulatory Affairs, Office of Management and Budget, ATTN: Desk Officer 
for EPA, 725 17th St. NW., Washington, DC 20503.
     Hand Delivery: To make special arrangements for hand 
delivery or delivery of boxed information, please follow the 
instructions at http://www.epa.gov/dockets/contacts.html.
    Additional instructions on commenting or visiting the docket, along 
with more information about dockets generally, are available at http://www.epa.gov/dockets.

[[Page 22295]]


FOR FURTHER INFORMATION CONTACT: Kevin Keaney, Field and External 
Affairs Division (7506P), Office of Pesticide Programs, Environmental 
Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460; 
telephone number: (703) 305-5557; email address: [email protected].

SUPPLEMENTARY INFORMATION:

I. General Information

    On January 26, 2017, EPA published a final rule in the Federal 
Register entitled ``Delay of Effective Date for 30 Final Regulations 
Published by the Environmental Protection Agency Between October 28, 
2016 and January 17, 2017'' (82 FR 8499). In that rule, EPA delayed the 
effective dates of the five regulations, including the final rule 
revising the regulation concerning the certification of applicators of 
restricted use pesticides (RUPs) issued on January 4, 2017 (82 FR 952) 
(FR-9956-70), as requested in the memorandum of January 20, 2017, from 
the Assistant to the President and Chief of Staff, entitled 
``Regulatory Freeze Pending Review'' (January 20 Memorandum). The 
January 20 Memorandum directed the heads of Executive Departments and 
Agencies to postpone for 60 days from the date of the January 20 
Memorandum the effective dates of all regulations that had been 
published in the Federal Register but had not yet taken effect.
    The January 20 Memorandum further directed that where appropriate 
and as permitted by applicable law, agencies should consider a rule to 
delay the effective date for regulations beyond that 60-day period. 
Accordingly, on March 20, 2017, EPA published the final rule ``Further 
Delay of Effective Dates for Five Final Regulations Published by the 
Environmental Protection Agency Between December 12, 2016 and January 
17, 2017'' (82 FR 14324), which applied to the revised Certification of 
Pesticide Applicators rule and four other rules. Pursuant to that March 
20, 2017 rule, the effective date of the revised Certification of 
Pesticide Applicators rule was extended to May 22, 2017.
    Upon further review, EPA has determined that the effective date of 
the revised Certification of Pesticide Applicators rule should be 
extended until May 22, 2018. EPA is taking this action to give recently 
arrived Agency officials the opportunity to conduct a substantive 
review of the revised Certification of Pesticide Applicators rule.
    In view of the imminence of the revised Certification of Pesticide 
Applicators rule's May 22, 2017 effective date, EPA is reducing the 
duration of the comment period specified in 5 U.S.C. 553(d) to five 
days. EPA believes that five days is adequate time for interested 
parties to express their views on the whether the effective date of the 
revised Certification of Pesticide Applicators rule should be extended 
to allow substantive review. During this one-year extension, state 
certifying authorities and certified commercial and private applicators 
would be relieved of restrictions and burdens that would otherwise be 
imposed by the January 4, 2017 revisions to the Certification of 
Pesticide Applicators rule. Because this request for comments relieves 
a restriction, it is eligible for the exemption in 5 U.S.C. 553(d)(1) 
allowing a reduced comment period.
    EPA's decision to shorten the comment period is also based on the 
good cause exception in 5 U.S.C. 553(d)(3). The Agency has determined 
that a full 30-day comment period is impracticable, unnecessary and 
contrary to the public interest. EPA has determined a substantive 
review of the revised Certification of Pesticide Applicators rule is 
appropriate and consistent with the principles identified in the April 
25, 2017 Executive Order ``Promoting Agriculture and Rural Prosperity 
in America''. Given that a 30-day comment period would extend beyond 
the Certification of Pesticide Applicators rule's May 22, 2017 
effective date, such a 30-day comment would be impractical and contrary 
to the public interest in that it would require states, tribes, and the 
regulated community to adopt new measures to comply with a regulation 
that the Agency intends to substantively review, and possibly revise.
    For the foregoing reasons, the EPA relies on the exceptions in 5 
U.S.C. 553(d)(1) and (3) to issue this document with a five-day comment 
period.

II. Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory Planning and Review; and, 
Executive Order 13563: Improving Regulation and Regulatory Review

    This action is not a significant regulatory action as that term is 
defined in Executive Order 12866 (58 FR 51735, October 4, 1993). 
Accordingly, this request for comments is not subject to requirements 
of E.O. 12866 that apply to significant regulatory actions.

B. Paperwork Reduction Act

    This request for comments does not involve any information 
collection activities subject to the PRA, 44 U.S.C. 3501 et seq.

C. Regulatory Flexibility Act (RFA)

    I certify that this action will not have a significant economic 
impact on a substantial number of small entities under RFA, 5 U.S.C. 
601 et seq.

D. Unfunded Mandates Reform Act (UMRA)

    This action does not contain an unfunded mandate of $100 million or 
more as described in UMRA, 2 U.S.C. 1531-1538, and does not 
significantly or uniquely affect small governments.

E. Executive Order 13132: Federalism

    This action does not have federalism implications, as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999). It will not have 
substantial direct effects on the States, on the relationship between 
the national government and the States, or on the distribution of power 
and responsibilities among the various levels of government.

F. Executive Order 13175: Consultation and Coordination With Indian 
Tribal Governments

    This action does not have Tribal implications, as specified in 
Executive Order 13175 (65 FR 67249, November 9, 2000).

G. Executive Order 13045: Protection of Children From Environmental 
Health Risks and Safety Risks

    This request for comments is not subject to Executive Order 13045 
(62 FR 19885, April 23, 1997) because it is not an economically 
significant regulatory action as defined by Executive Order 12866.

H. Executive Order 13211: Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use

    This action is not subject to Executive Order 13211 (66 FR 28355, 
May 22, 2001), because it is not a significant regulatory action under 
Executive Order 12866.

I. National Technology Transfer and Advancement Act (NTTAA)

    This rulemaking does not involve technical standards that would 
require Agency consideration under NTTAA section 12(d), 15 U.S.C. 272 
note.

J. Executive Order 12898: Federal Actions To Address Environmental 
Justice in Minority Populations and Low-Income Populations

    EPA believes that this action would not have disproportionately 
high and

[[Page 22296]]

adverse human health or environmental effects on minority, low-income, 
or indigenous populations, as specified in Executive Order 12898 (59 FR 
7629, February 16, 1994).

    Dated: May 4, 2017.
E. Scott Pruitt,
Administrator.
[FR Doc. 2017-09386 Filed 5-11-17; 11:15 am]
 BILLING CODE 6560-50-P