Pesticides; Certification of Pesticide Applicators Rule; Delay of Effective Date, 23148-23150 [2017-10541]
Download as PDF
23148
Federal Register / Vol. 82, No. 97 / Monday, May 22, 2017 / Rules and Regulations
Register on March 23, 2017 (82 FR
14822), which were to become effective
on May 22, 2017, are withdrawn.
40 CFR Part 52
Dated: May 17, 2017.
Samuel Coleman,
Acting Regional Administrator, Region 6.
[FR Doc. 2017–10485 Filed 5–19–17; 8:45 am]
ENVIRONMENTAL PROTECTION
AGENCY
■
[EPA–R06–OAR–2013–0167; FRL–9962–21–
Region 6]
BILLING CODE 6560–50–P
Approval and Promulgation of
Implementation Plans; Louisiana;
Volatile Organic Compounds Rule
Revision and Stage II Vapor Recovery
ENVIRONMENTAL PROTECTION
AGENCY
Environmental Protection
Agency (EPA).
ACTION: Withdrawal of direct final rule.
[EPA–R06–OAR–2016–0550; FRL–9962–20–
Region 6]
AGENCY:
The Environmental Protection
Agency (EPA) is withdrawing a direct
final rule published on March 23, 2017
because relevant adverse comments
were received. The rule pertained to
EPA approval of Louisiana State
Implementation Plan (SIP) revisions
controlling emissions of volatile organic
compounds (VOCs) and changing the
Stage II gasoline vapor recovery rule. In
a separate subsequent final rulemaking
EPA will address the comments
received.
SUMMARY:
The direct final rule published
on March 23, 2017 (82 FR 14822), is
withdrawn effective May 22, 2017.
FOR FURTHER INFORMATION CONTACT:
Wendy Jacques, (214) 665–7395.
SUPPLEMENTARY INFORMATION:
Throughout this document ‘‘we,’’ ‘‘us,’’
and ‘‘our’’ means the EPA. On March
23, 2017, we published a direct final
rule approving Louisiana SIP revisions
controlling emissions of VOCs and
changing the Stage II gasoline vapor
recovery rule (82 FR 14822). The direct
final rule was published without prior
proposal because we anticipated no
adverse comments. We stated in the
direct final rule that if we received
relevant adverse comments by April 24,
2017, we would publish a timely
withdrawal in the Federal Register. We
received relevant adverse comments and
accordingly are withdrawing the direct
final rule. In a separate subsequent final
rulemaking we will address the
comments received.
DATES:
nlaroche on DSK30NT082PROD with RULES
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Ozone, Reporting and recordkeeping
requirements, Volatile organic
compounds.
Dated: May 17, 2017.
Samuel Coleman,
Acting Regional Administrator, Region 6.
Accordingly, the amendments to 40
CFR 52.970 published in the Federal
■
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Approval and Promulgation of
Implementation Plans; Texas; El Paso
Carbon Monoxide Limited Maintenance
Plan
Environmental Protection
Agency (EPA).
ACTION: Withdrawal of direct final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is withdrawing a direct
final rule published on March 21, 2017
because a relevant adverse comment
was received. The rule pertained to EPA
approval of the required second carbon
monoxide (CO) maintenance plan for
the El Paso, Texas CO maintenance area
as a revision to the Texas State
Implementation Plan (SIP). In a separate
subsequent final rulemaking EPA will
address the comment received.
DATES: The direct final rule published
on March 21, 2017 (82 FR 14442), is
withdrawn effective May 22, 2017.
FOR FURTHER INFORMATION CONTACT:
Jeffrey Riley, 214–665–8542,
riley.jeffrey@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document ‘‘we,’’ ‘‘us,’’
and ‘‘our’’ means the EPA. On March
21, 2017 we published a direct final rule
approving the required second CO
maintenance plan for the El Paso, Texas
CO maintenance area as a revision to the
Texas SIP (82 FR 14442). The direct
final rule was published without prior
proposal because we anticipated no
adverse comments. We stated in the
direct final rule that if we received
relevant adverse comments by April 20,
2017, we would publish a timely
withdrawal in the Federal Register. We
received a relevant adverse comment
and accordingly are withdrawing the
direct final rule. In a separate
subsequent final rulemaking we will
address the comment received.
SUMMARY:
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Carbon monoxide,
Incorporation by reference,
Intergovernmental relations, Reporting
and recordkeeping requirements.
Frm 00010
Fmt 4700
[FR Doc. 2017–10486 Filed 5–19–17; 8:45 am]
BILLING CODE 6560–50–P
40 CFR Part 52
PO 00000
Accordingly, the amendments to 40
CFR 52.2270(e) published in the Federal
Register on March 21, 2017 (82 FR
14442), which were to become effective
on May 22, 2017, are withdrawn.
Sfmt 4700
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
Environmental Protection
Agency (EPA).
ACTION: Final rule; delay of effective
date.
AGENCY:
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 https://www.regulations.gov
or at the Office of Pesticide Programs
Regulatory Public Docket (OPP Docket)
SUMMARY:
E:\FR\FM\22MYR1.SGM
22MYR1
Federal Register / Vol. 82, No. 97 / Monday, May 22, 2017 / Rules and Regulations
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 https://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: keaney.kevin@epa.gov.
SUPPLEMENTARY INFORMATION:
nlaroche on DSK30NT082PROD with RULES
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
VerDate Sep<11>2014
12:40 May 19, 2017
Jkt 241001
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 Senateconfirmed 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 https://www2.epa.gov/lawsregulations/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
PO 00000
Frm 00011
Fmt 4700
Sfmt 4700
23149
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.
E:\FR\FM\22MYR1.SGM
22MYR1
23150
Federal Register / Vol. 82, No. 97 / Monday, May 22, 2017 / Rules and Regulations
J. Executive Order 12898: Federal
Actions To Address Environmental
Justice in Minority Populations and
Low-Income Populations
Department of Transportation, Federal
Railroad Administration, Office of Chief
Counsel; telephone: 202–493–0138;
email: Matthew.Navarrete@dot.gov.
DEPARTMENT OF TRANSPORTATION
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).
SUPPLEMENTARY INFORMATION:
On August
12, 2016, FRA published a final rule
requiring commuter and intercity
passenger railroads to develop and
implement an SSP to improve the safety
of their operations. See 81 FR 53850. On
February 10, 2017, FRA stayed the SSP
final rule’s requirements until March 21,
2017 consistent with the new
Administration’s guidance issued
January 20, 2017, intended to provide
the Administration an adequate
opportunity to review new and pending
regulations. 82 FR 10443 (Feb. 13,
2017). To provide additional time for
that review, FRA extended the stay until
May 22, 2017. 82 FR 14476 (Mar. 21,
2017). To continue this review, FRA
needs to extend the stay until June 5,
2017.
FRA’s implementation of this action
without opportunity for public
comment is based on the good cause
exceptions in 5 U.S.C. 553(b)(B) and
553(d)(3), in that seeking public
comment is impracticable, unnecessary,
and contrary to the public interest. The
delay in the effective date until June 5,
2017, is necessary to provide the
opportunity for further review and
consideration of this new regulation,
consistent with the new
Administration’s January 20, 2017
guidance. Given the imminence of the
effective date of the ‘‘System Safety
Program’’ final rule, seeking prior public
comment on this temporary delay
would be impractical, as well as
contrary to the public interest in the
orderly promulgation and
implementation of regulations.
49 CFR Parts 571 and 585
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]
BILLING CODE 6560–50–P
DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
49 CFR Part 270
[Docket No. FRA–2011–0060, Notice No. 6]
RIN 2130–AC31
System Safety Program
Federal Railroad
Administration (FRA), Department of
Transportation.
ACTION: Final rule; stay of regulations.
AGENCY:
On August 12, 2016, FRA
published a final rule requiring
commuter and intercity passenger
railroads to develop and implement a
system safety program (SSP) to improve
the safety of their operations. On
February 10, 2017, FRA stayed the SSP
final rule’s requirements until March 21,
2017, and on March 20, 2017, FRA
extended the stay to May 22, 2017. This
document extends that stay until June 5,
2017.
DATES: Effective May 18, 2017, 49 CFR
part 270 is stayed until June 5, 2017.
FOR FURTHER INFORMATION CONTACT:
Matthew Navarrete, Trial Attorney, U.S.
SUMMARY:
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Authority: 49 U.S.C. 20103, 20106–20107,
20118–20119, 20156, 21301, 21304, 21311;
28 U.S.C. 2461, note; and 49 CFR 1.89.
VerDate Sep<11>2014
12:40 May 19, 2017
Jkt 241001
Issued in Washington, DC, on May 18,
2017.
Patrick T. Warren,
Executive Director.
[FR Doc. 2017–10519 Filed 5–18–17; 4:15 pm]
BILLING CODE 4910–06–P
PO 00000
Frm 00012
Fmt 4700
Sfmt 4700
National Highway Traffic Safety
Administration
[Docket No. NHTSA–2016–0125]
RIN 2126–AK93
Federal Motor Vehicle Safety
Standards; Minimum Sound
Requirements for Hybrid and Electric
Vehicles
National Highway Traffic
Safety Administration (NHTSA),
Department of Transportation (DOT).
ACTION: Final rule; delay of effective
date.
AGENCY:
In accordance with the
Presidential directive as expressed in
the memorandum of January 20, 2017,
from the Assistant to the President and
Chief of Staff, entitled ‘‘Regulatory
Freeze Pending Review,’’ this action
temporarily delays until June 5, 2017,
the effective date of the final rule titled
‘‘Federal Motor Vehicle Safety
Standards; Minimum Sound
Requirements for Hybrid and Electric
Vehicles,’’ initially scheduled to become
effective on February 13, 2017.
DATES: The effective date of the final
rule published on December 14, 2016
(81 FR 90416), is delayed until June 5,
2017. The initial compliance date is
September 1, 2018, with full phase in by
September 1, 2019.
FOR FURTHER INFORMATION CONTACT: For
legal issues, contact Thomas Healy,
Office of Chief Counsel, at (202) 366–
2992. For non-legal issues, contact Mike
Pyne, Office of Rulemaking, at (202)
366–4171.
SUPPLEMENTARY INFORMATION: NHTSA
bases this action on the Presidential
directive expressed in the memorandum
of January 20, 2017, from the Assistant
to the President and Chief of Staff,
entitled ‘‘Regulatory Freeze Pending
Review’’ (the January 20, 2017
memorandum). That memorandum
directed the heads of Executive
Departments and Agencies to
temporarily postpone for 60 days from
the date of the memorandum the
effective dates of certain regulations that
had been published in the Federal
Register, but had not yet taken effect.
Because the original effective date of the
final rule published on December 14,
2016, fell within that 60-day window,
the effective date of the rule was
extended to March 21, 2017, in a final
rule published on February 6, 2017 (82
FR 9368). The effective date was again
extended to May 22, 2017, in a final rule
SUMMARY:
E:\FR\FM\22MYR1.SGM
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Agencies
[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]
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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 https://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 https://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: keaney.kevin@epa.gov.
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 https://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]
BILLING CODE 6560-50-P