82 FR 22294 - Pesticides; Certification of Pesticide Applicators Rule; Extension of Effective Date
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 82, Issue 92 (May 15, 2017)
Federal Register Volume 82, Issue 92 (May 15, 2017)
| Page Range | 22294-22296 | |
| FR Document | 2017-09386 |
[Federal Register Volume 82, Number 92 (Monday, May 15, 2017)] [Rules and Regulations] [Pages 22294-22296] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-09386] ----------------------------------------------------------------------- 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. ----------------------------------------------------------------------- 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
![22294 Federal Register / Vol. 82, No. 92 / Monday, May 15, 2017 / Rules and Regulations
Dated: April 14, 2017. Authority: 42 U.S.C. 7401 et seq. Measures in the Texas SIP’’ is amended
Samuel Coleman, by adding an entry at the end for
Acting Regional Administrator, Region 6.
Subpart SS—Texas ‘‘Vehicle Inspection and Maintenance,
40 CFR part 52 is amended as follows: ■ 2. In § 52.2270: Nonattainment New Source Review and
■ a. In paragraph (c) the table titled Emission Statement Requirements for
PART 52—APPROVAL AND ‘‘EPA Approved Regulations in the the 2008 Ozone NAAQS’’.
PROMULGATION OF Texas SIP’’ is amended by revising the The amendments reads as follows:
IMPLEMENTATION PLANS entry for Section 114.50.
§ 52.2270 Identification of plan.
■ b. In paragraph (e), the second table
■ 1. The authority citation for part 52 titled ‘‘EPA Approved Nonregulatory * * * * *
continues to read as follows: Provisions and Quasi-Regulatory (c) * * *
EPA APPROVED REGULATIONS IN THE TEXAS SIP
State
State citation Title/subject approval/ EPA approval date Explanation
submittal date
* * * * * * *
Section 114.50 ............................. Vehicle Emission Inspection Re- 2/12/2014 10/7/2016, 81 FR 69679 .. Subsection 114.50(b)(2) is
quirements. NOT part of the ap-
proved SIP.
* * * * * * *
* * * * * (e) * * *
EPA APPROVED NONREGULATORY PROVISIONS AND QUASI-REGULATORY MEASURES IN THE TEXAS SIP
State
Applicable geographic or
Name of SIP provision submittal/ EPA approval date Comments
nonattainment area effective date
* * * * * * *
Vehicle Inspection and Mainte- Houston-Galveston-Brazoria, TX 12/29/2016 5/15/2017, [Insert Federal
nance, Nonattainment New Register citation].
Source Review and Emission
Statement Requirements for
the 2008 Ozone NAAQS.
[FR Doc. 2017–09474 Filed 5–12–17; 8:45 am] 26, 2017, and subsequently extended to information you consider to be
BILLING CODE 6560–50–P May 22, 2017 by rule issued March 20, Confidential Business Information (CBI)
2017. In accordance with the or other information whose disclosure is
Presidential directives as expressed in restricted by statute.
ENVIRONMENTAL PROTECTION the memorandum of January 20, 2017, • Mail: OPP Docket, Environmental
AGENCY from the Assistant to the President and Protection Agency Docket Center (EPA/
Chief of Staff, entitled ‘‘Regulatory
40 CFR Part 171 DC) (28221T), 1200 Pennsylvania Ave.
Freeze Pending Review,’’ and the
NW., Washington, DC 20460–0001. In
[EPA–HQ–OPP–2011–0183; FRL–9962–31] principles identified in the April 25,
addition, please mail a copy of your
2017 Executive Order ‘‘Promoting
RIN 2070–AK38
Agriculture and Rural Prosperity in comments on the information collection
America,’’ EPA is proposing to further provisions to the Office of Information
Pesticides; Certification of Pesticide and Regulatory Affairs, Office of
Applicators Rule; Extension of delay the effective date of the January 4,
2017 revisions to the Certification of Management and Budget, ATTN: Desk
Effective Date Officer for EPA, 725 17th St. NW.,
Pesticide Applicators rule until May 22,
AGENCY: Environmental Protection 2018. Washington, DC 20503.
Agency (EPA). DATES: Comments must be received on • Hand Delivery: To make special
ACTION: Final rule; request for or before May 19, 2017. arrangements for hand delivery or
comments. delivery of boxed information, please
ADDRESSES: Submit your comments,
follow the instructions at http://
sradovich on DSK3GMQ082PROD with RULES
SUMMARY: On January 4, 2017, EPA identified by docket identification (ID)
published a final rule revising the number EPA–HQ–OPP–2011–0183, by www.epa.gov/dockets/contacts.html.
regulation concerning the certification one of the following methods: Additional instructions on
of applicators of restricted use • Federal eRulemaking Portal: http:// commenting or visiting the docket,
pesticides (RUPs). The original effective www.regulations.gov. Follow the online along with more information about
date of March 6, 2017 was extended to instructions for submitting comments. dockets generally, are available at http://
March 21, 2017 by rule issued January Do not submit electronically any www.epa.gov/dockets.
VerDate Sep<11>2014 12:42 May 12, 2017 Jkt 241001 PO 00000 Frm 00016 Fmt 4700 Sfmt 4700 E:\FR\FM\15MYR1.SGM 15MYR1](https://thefederalregister.org/doc/82_FR_22386/page/1.svg)
![22296 Federal Register / Vol. 82, No. 92 / Monday, May 15, 2017 / Rules and Regulations
adverse human health or environmental discussion in the Competitive Bidding the public interest because it would
effects on minority, low-income, or Rules R&O of eliminating those delay the implementation of certain
indigenous populations, as specified in paragraphs, it is apparent that the significant public safety initiatives
Executive Order 12898 (59 FR 7629, deletion was not intentional. Rather, the adopted by the Commission and would
February 16, 1994). Commission’s clear intent was only to be unlikely to effectuate the public
Dated: May 4, 2017. revise the introductory text of paragraph interest benefits usually associated with
(e).4 the conduct of a notice-and-comment
E. Scott Pruitt,
3. On March 24, 2017, unaware of the proceeding.
Administrator. earlier inadvertent deletion, the 6. Requiring notice and comment
[FR Doc. 2017–09386 Filed 5–11–17; 11:15 am] Commission released the Contraband prior to the rule correction becoming
BILLING CODE 6560–50–P Wireless Devices Report and Order,5 in effective would delay the
which it adopted revisions to certain of implementation of certain rule
the deleted paragraphs of section amendments adopted in the Contraband
FEDERAL COMMUNICATIONS 1.9020(e).6 In order for the Commission Wireless Devices Report and Order,
COMMISSION to publish those rule changes in the which are intended to expedite
Federal Register and make the processing of spectrum lease
47 CFR Part 1 necessary amendments to the CFR, we applications or notifications for certain
[DA 17–417] must first correct the earlier error and systems used to combat the use of
replace the inadvertently deleted contraband wireless devices in
Spectrum Manager Leasing paragraphs. correctional facilities. We find that it
Arrangements; Correction 4. Accordingly, by this Order, the would be contrary to the public interest
Bureau restores the inadvertently to delay the significant public safety
AGENCY: Federal Communications deleted portions of section 1.9020(e) of impact of these systems in order to
Commission. the Commission’s rules. This rule provide notice and comment for this
ACTION: Final rule; correcting correction, which serves to effectuate rule correction. We reach this
amendment. the Commission’s intent, reinstates the conclusion specifically in light of the
inadvertently deleted paragraphs of fact that the usual benefits of notice and
SUMMARY: The Wireless section 1.9020(e) and republishes
Telecommunications Bureau (Bureau) of comment appear to be absent here,
section 1.9020(e) in its entirety for given the Commission demonstrably did
the Federal Communications clarity. The corrected version of section
Commission (FCC) adopted and released not intend to delete the longstanding
1.9020(e) is attached as Appendix A to paragraphs of section 1.9020(e) 9 and, in
an Order on May 3, 2017, correcting the Order released by the Commission
certain rules in part 1 of the FCC’s rules. the intervening period following the
on May 3, 2017.7 inadvertent deletion, the public appears
In particular, the FCC replaced certain 5. The Bureau finds it appropriate to
inadvertently deleted paragraphs from a to have been operating under the
forego a notice-and-comment period
section of the Commission’s rules. assumption that the process contained
prior to this Order taking effect, given
DATES: Effective May 15, 2017.
in the deleted paragraphs remained
the nature of this rule correction and the
intact. Indeed, since the Competitive
FOR FURTHER INFORMATION CONTACT: impact of the current error within the
Bidding Rules R&O, which resulted in
Melissa Conway, Melissa.Conway@ Commission’s rules. The Administrative
the deletion, the Bureau has continued
fcc.gov, of the Wireless Procedure Act (APA) provides that
to receive the notifications filed by
Telecommunications Bureau, Mobility notice procedures are not required
licensees pursuant to the procedures
Division, (202) 418–2887. where ‘‘the agency for good cause finds
and standards set forth in section
SUPPLEMENTARY INFORMATION: This (and incorporates the finding and a brief
1.9020(e), including its inadvertently
document makes the following statement of reasons therefor in the
deleted paragraphs. Because a notice-
corrections to section 1.9020 of the rules issued) that notice and public
and-comment procedure would be
Commission’s rules. procedure thereon are impracticable,
contrary to the public interest, the
1. By this Order, the Bureau corrects unnecessary, or contrary to the public
Bureau finds good cause to forego a
and republishes section 1.9020(e) 1 of interest.’’ 8 We find that using the
notice-and-comment rulemaking for the
the Commission’s rules in its entirety, in procedures of a notice-and-comment
purposes of this correction to section
order to remedy an error in an earlier rulemaking to reinstate the
1.9020(e).
publication of the rule in the Code of inadvertently deleted paragraphs of 7. The APA requires publication of a
Federal Regulations (CFR). section 1.9020(e) would be contrary to substantive rule at least 30 days before
2. Section 1.9020 of the Commission’s its effective date ‘‘except as otherwise
rules addresses spectrum manager 4 The introductory text was revised again in
provided by the agency for good cause
leasing arrangements.2 In revising the Amendment of the Commission’s Rules with Regard
to Commercial Operations in the 3550–3650 MHz found and published with the rule.’’ 10
rule in the 2015 Competitive Bidding Band, Order on Reconsideration and Second Report For the same reasons that we forego
Rules R&O,3 the Commission used and Order, 31 FCC Rcd 5011 (2016). notice-and-comment procedures, we
amending language that resulted in the 5 Promoting Technological Solutions to Combat
find good cause to make this correction
inadvertent deletion of paragraphs (e)(1) Contraband Wireless Device Use in Correctional
Facilities, GN Docket No. 13–111, Report and Order to section 1.9020(e) effective
and (2) when the revised rule was and Further Notice of Proposed Rulemaking, FCC immediately to remedy the error in the
published in the CFR. As there was no 17–25, 2017 WL 1135543 (2017) (Contraband rule in the CFR.
Wireless Devices Report and Order).
sradovich on DSK3GMQ082PROD with RULES
1 47 CFR 1.9020(e). 6 See Contraband Wireless Devices Report and List of Subjects in 47 CFR Part 1
2 Id. Order, Appx. A (revising the introductory language
of paragraph (e)(2), redesignating paragraphs
Administrative practice and
3 Updating Part 1 Competitive Bidding Rules et
al., Report and Order, Order on Reconsideration of (e)(2)(ii) and (iii) as (e)(2)(iii) and (iv), respectively, procedures.
the First Report and Order, Third Order on and adding new paragraph (e)(2)(ii)).
7 Commission Rule; Spectrum Manager Leasing 9 Nothing in the Competitive Bidding Rules R&O
Reconsideration of the Second Report and Order,
Third Report and Order, 30 FCC Rcd 7493 (2015) Arrangements, Order, DA 17–471 (WTB 2017). mentions deleting the relevant paragraphs.
(Competitive Bidding Rules R&O). 8 5 U.S.C. 553(b)(B). 10 5 U.S.C. 553(d)(3).
VerDate Sep<11>2014 12:42 May 12, 2017 Jkt 241001 PO 00000 Frm 00018 Fmt 4700 Sfmt 4700 E:\FR\FM\15MYR1.SGM 15MYR1](https://thefederalregister.org/doc/82_FR_22386/page/3.svg)
Document Created: 2017-05-13 02:38:52
Document Modified: 2017-05-13 02:38:52
| 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 | Final rule; request for comments. | |
| Dates | Comments must be received on or before May 19, 2017. | |
| Contact | Kevin Keaney, Field and External Affairs Division (7506P), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460; | |
| FR Citation | 82 FR 22294 | |
| RIN Number | 2070-AK38 |
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