[Federal Register Volume 82, Number 97 (Monday, May 22, 2017)]
[Rules and Regulations]
[Pages 23148-23150]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-10541]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 171
[EPA-HQ-OPP-2011-0183; FRL-9962-94]
Pesticides; Certification of Pesticide Applicators Rule; Delay of
Effective Date
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule; delay of effective date.
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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 solicited public
comments on May 15, 2017 about a possible further delay of the
effective date of the January 4, 2017 revisions to the Certification of
Pesticide Applicators rule until May 22, 2018. With this action, EPA is
making an interim extension of the effective date until June 5, 2017 in
order to consider and respond to public comments received in regard to
the proposed May 22, 2018 extension.
DATES: The effective date of the final rule that appeared in the
Federal Register of January 4, 2017 (82 FR 952), is delayed from May
22, 2017, to June 5, 2017.
ADDRESSES: The docket for this action, identified by docket
identification (ID) number EPA-HQ-OPP-2011-0183, is available at http://www.regulations.gov or at the Office of Pesticide Programs Regulatory
Public Docket (OPP Docket)
[[Page 23149]]
in the Environmental Protection Agency Docket Center (EPA/DC), West
William Jefferson Clinton Bldg., Rm. 3334, 1301 Constitution Ave. NW.,
Washington, DC 20460-0001. The Public Reading Room is open from 8:30
a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The
telephone number for the Public Reading Room is (202) 566-1744, and the
telephone number for the OPP Docket is (703) 305-5805. Please review
the visitor instructions and additional information about the docket
available at http://www.epa.gov/dockets.
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 thirty 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. To give
recently arrived Agency officials the opportunity to conduct a
substantive review of the revised Certification of Pesticide
Applicators rule, EPA solicited public comment on a proposed further
delay of the effective date until May 22, 2018 (82 FR 22294, May 15,
2017). EPA anticipates receiving comments in response to the May 15,
2017 request for comments on the proposal to further delay until May
22, 2018 the effective date of the January 4, 2017 final rule, and
therefore is extending the effective date of that final rule until June
5, 2017 in order to allow adequate time to consider and respond to the
public comments.
Section 553(b)(1)(B) of the Administrative Procedure Act, 5 U.S.C.
553(b)(1)(B), allows an action to be taken without opportunity for
notice or comment when the agency for good cause finds that notice and
public procedure thereon are impracticable, unnecessary, or contrary to
the public interest. In addition, section 553(d)(3), 5 U.S.C.
553(d)(3), allows the effective date of an action to be less than 30
days when a good cause finding is made. Because of the immediate
pendency of the effective date of the January 4, 2017 final rule, it
would be impractical to make the effective date of this extension 30
days after its publication, and it would be impractical to get public
comments on this interim extension of the effective date of the rule.
In addition, EPA still has only one Senate-confirmed official, and the
new Administration has not had the time to adequately review the
January 4, 2017 certification rule. This extension to June 5, 2017,
will prevent the confusion and disruption among regulatees and
stakeholders that would result if the January 4, 2017 rule were to
become effective (displace the existing regulation) and then stayed or
revoked as a result of administrative review. Therefore, EPA finds good
cause to extend the effective date of the rule without notice and
comment.
II. Statutory and Executive Order Reviews
Additional information about these statutes and Executive Orders
can be found at http://www2.epa.gov/laws-regulations/laws-and-executive-orders.
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 and was
therefore not submitted to the Office of Management and Budget (OMB)
for review under Executive Orders 12866 (58 FR 51735, October 4, 1993)
and 13563 (76 FR 3821, January 21, 2011).
B. Paperwork Reduction Act
This action 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 action 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 a ``significant energy action'' as defined in
Executive Order 13211 (66 FR 28355, May 22, 2001), because it is not
likely to have a significant adverse effect on the supply, distribution
or use of energy.
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.
[[Page 23150]]
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 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).
K. Congressional Review Act (CRA)
This action is subject to the CRA, 5 U.S.C. 801 et seq., and EPA
will submit a rule report to each House of the Congress and to the
Comptroller General of the United States. This action is not a ``major
rule'' as defined by 5 U.S.C. 804(2).
List of Subjects in 40 CFR Part 171
Environmental protection, Applicator competency, Agricultural
worker safety, Certified applicator, Pesticide safety training,
Pesticide worker safety, Pesticides and pests, Restricted use
pesticides.
Dated: May 17, 2017.
Louise P. Wise,
Acting Assistant Administrator, Office of Chemical Safety and Pollution
Prevention.
[FR Doc. 2017-10541 Filed 5-18-17; 4:15 pm]
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