82_FR_23245 82 FR 23148 - Pesticides; Certification of Pesticide Applicators Rule; Delay of Effective Date

82 FR 23148 - Pesticides; Certification of Pesticide Applicators Rule; Delay of Effective Date

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 82, Issue 97 (May 22, 2017)

Page Range23148-23150
FR Document2017-10541

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.

Federal Register, Volume 82 Issue 97 (Monday, May 22, 2017)
[Federal Register Volume 82, Number 97 (Monday, May 22, 2017)]
[Rules and Regulations]
[Pages 23148-23150]
From the Federal Register Online  [www.thefederalregister.org]
[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]
 BILLING CODE 6560-50-P



                                             23148               Federal Register / Vol. 82, No. 97 / Monday, May 22, 2017 / Rules and Regulations

                                             ENVIRONMENTAL PROTECTION                                Register on March 23, 2017 (82 FR                       Dated: May 17, 2017.
                                             AGENCY                                                  14822), which were to become effective                Samuel Coleman,
                                                                                                     on May 22, 2017, are withdrawn.                       Acting Regional Administrator, Region 6.
                                             40 CFR Part 52                                          [FR Doc. 2017–10485 Filed 5–19–17; 8:45 am]           ■ Accordingly, the amendments to 40
                                             [EPA–R06–OAR–2013–0167; FRL–9962–21–                    BILLING CODE 6560–50–P                                CFR 52.2270(e) published in the Federal
                                             Region 6]                                                                                                     Register on March 21, 2017 (82 FR
                                                                                                                                                           14442), which were to become effective
                                             Approval and Promulgation of                            ENVIRONMENTAL PROTECTION                              on May 22, 2017, are withdrawn.
                                             Implementation Plans; Louisiana;                        AGENCY                                                [FR Doc. 2017–10486 Filed 5–19–17; 8:45 am]
                                             Volatile Organic Compounds Rule
                                                                                                     40 CFR Part 52                                        BILLING CODE 6560–50–P
                                             Revision and Stage II Vapor Recovery
                                             AGENCY: Environmental Protection                        [EPA–R06–OAR–2016–0550; FRL–9962–20–
                                             Agency (EPA).                                           Region 6]                                             ENVIRONMENTAL PROTECTION
                                                                                                                                                           AGENCY
                                             ACTION: Withdrawal of direct final rule.                Approval and Promulgation of
                                                                                                     Implementation Plans; Texas; El Paso                  40 CFR Part 171
                                             SUMMARY:   The Environmental Protection
                                                                                                     Carbon Monoxide Limited Maintenance
                                             Agency (EPA) is withdrawing a direct                                                                          [EPA–HQ–OPP–2011–0183; FRL–9962–94]
                                                                                                     Plan
                                             final rule published on March 23, 2017
                                             because relevant adverse comments                       AGENCY: Environmental Protection                      Pesticides; Certification of Pesticide
                                             were received. The rule pertained to                    Agency (EPA).                                         Applicators Rule; Delay of Effective
                                             EPA approval of Louisiana State                                                                               Date
                                                                                                     ACTION: Withdrawal of direct final rule.
                                             Implementation Plan (SIP) revisions                                                                           AGENCY:  Environmental Protection
                                             controlling emissions of volatile organic               SUMMARY:    The Environmental Protection              Agency (EPA).
                                             compounds (VOCs) and changing the                       Agency (EPA) is withdrawing a direct
                                                                                                                                                           ACTION: Final rule; delay of effective
                                             Stage II gasoline vapor recovery rule. In               final rule published on March 21, 2017
                                                                                                                                                           date.
                                             a separate subsequent final rulemaking                  because a relevant adverse comment
                                             EPA will address the comments                           was received. The rule pertained to EPA               SUMMARY:   On January 4, 2017, EPA
                                             received.                                               approval of the required second carbon                published a final rule revising the
                                             DATES:  The direct final rule published                 monoxide (CO) maintenance plan for                    regulation concerning the certification
                                             on March 23, 2017 (82 FR 14822), is                     the El Paso, Texas CO maintenance area                of applicators of restricted use
                                             withdrawn effective May 22, 2017.                       as a revision to the Texas State                      pesticides (RUPs). The original effective
                                                                                                     Implementation Plan (SIP). In a separate              date of March 6, 2017 was extended to
                                             FOR FURTHER INFORMATION CONTACT:
                                                                                                     subsequent final rulemaking EPA will                  March 21, 2017 by rule issued January
                                             Wendy Jacques, (214) 665–7395.                          address the comment received.                         26, 2017, and subsequently extended to
                                             SUPPLEMENTARY INFORMATION:
                                                                                                     DATES: The direct final rule published                May 22, 2017 by rule issued March 20,
                                             Throughout this document ‘‘we,’’ ‘‘us,’’                on March 21, 2017 (82 FR 14442), is                   2017. In accordance with the
                                             and ‘‘our’’ means the EPA. On March                     withdrawn effective May 22, 2017.                     Presidential directives as expressed in
                                             23, 2017, we published a direct final                                                                         the memorandum of January 20, 2017,
                                                                                                     FOR FURTHER INFORMATION CONTACT:
                                             rule approving Louisiana SIP revisions                                                                        from the Assistant to the President and
                                             controlling emissions of VOCs and                       Jeffrey Riley, 214–665–8542,
                                                                                                     riley.jeffrey@epa.gov.                                Chief of Staff, entitled ‘‘Regulatory
                                             changing the Stage II gasoline vapor                                                                          Freeze Pending Review,’’ and the
                                             recovery rule (82 FR 14822). The direct                 SUPPLEMENTARY INFORMATION:
                                                                                                     Throughout this document ‘‘we,’’ ‘‘us,’’              principles identified in the April 25,
                                             final rule was published without prior                                                                        2017 Executive Order ‘‘Promoting
                                             proposal because we anticipated no                      and ‘‘our’’ means the EPA. On March
                                                                                                     21, 2017 we published a direct final rule             Agriculture and Rural Prosperity in
                                             adverse comments. We stated in the                                                                            America,’’ EPA solicited public
                                             direct final rule that if we received                   approving the required second CO
                                                                                                     maintenance plan for the El Paso, Texas               comments on May 15, 2017 about a
                                             relevant adverse comments by April 24,                                                                        possible further delay of the effective
                                             2017, we would publish a timely                         CO maintenance area as a revision to the
                                                                                                     Texas SIP (82 FR 14442). The direct                   date of the January 4, 2017 revisions to
                                             withdrawal in the Federal Register. We                                                                        the Certification of Pesticide
                                             received relevant adverse comments and                  final rule was published without prior
                                                                                                     proposal because we anticipated no                    Applicators rule until May 22, 2018.
                                             accordingly are withdrawing the direct                                                                        With this action, EPA is making an
                                             final rule. In a separate subsequent final              adverse comments. We stated in the
                                                                                                     direct final rule that if we received                 interim extension of the effective date
                                             rulemaking we will address the                                                                                until June 5, 2017 in order to consider
                                             comments received.                                      relevant adverse comments by April 20,
                                                                                                     2017, we would publish a timely                       and respond to public comments
                                             List of Subjects in 40 CFR Part 52                      withdrawal in the Federal Register. We                received in regard to the proposed May
                                                                                                     received a relevant adverse comment                   22, 2018 extension.
                                               Environmental protection, Air
                                             pollution control, Incorporation by                     and accordingly are withdrawing the                   DATES: The effective date of the final
                                             reference, Intergovernmental relations,                 direct final rule. In a separate                      rule that appeared in the Federal
                                             Ozone, Reporting and recordkeeping                      subsequent final rulemaking we will                   Register of January 4, 2017 (82 FR 952),
                                             requirements, Volatile organic                          address the comment received.                         is delayed from May 22, 2017, to June
                                                                                                                                                           5, 2017.
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                                             compounds.                                              List of Subjects in 40 CFR Part 52                    ADDRESSES: The docket for this action,
                                               Dated: May 17, 2017.
                                                                                                       Environmental protection, Air                       identified by docket identification (ID)
                                             Samuel Coleman,                                         pollution control, Carbon monoxide,                   number EPA–HQ–OPP–2011–0183, is
                                             Acting Regional Administrator, Region 6.                Incorporation by reference,                           available at http://www.regulations.gov
                                             ■Accordingly, the amendments to 40                      Intergovernmental relations, Reporting                or at the Office of Pesticide Programs
                                             CFR 52.970 published in the Federal                     and recordkeeping requirements.                       Regulatory Public Docket (OPP Docket)


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                                                                 Federal Register / Vol. 82, No. 97 / Monday, May 22, 2017 / Rules and Regulations                                             23149

                                             in the Environmental Protection Agency                  Applicators rule was extended to May                  and Budget (OMB) for review under
                                             Docket Center (EPA/DC), West William                    22, 2017. To give recently arrived                    Executive Orders 12866 (58 FR 51735,
                                             Jefferson Clinton Bldg., Rm. 3334, 1301                 Agency officials the opportunity to                   October 4, 1993) and 13563 (76 FR 3821,
                                             Constitution Ave. NW., Washington, DC                   conduct a substantive review of the                   January 21, 2011).
                                             20460–0001. The Public Reading Room                     revised Certification of Pesticide
                                                                                                                                                           B. Paperwork Reduction Act
                                             is open from 8:30 a.m. to 4:30 p.m.,                    Applicators rule, EPA solicited public
                                             Monday through Friday, excluding legal                  comment on a proposed further delay of                  This action does not involve any
                                             holidays. The telephone number for the                  the effective date until May 22, 2018 (82             information collection activities subject
                                             Public Reading Room is (202) 566–1744,                  FR 22294, May 15, 2017). EPA                          to the PRA, 44 U.S.C. 3501 et seq.
                                             and the telephone number for the OPP                    anticipates receiving comments in
                                                                                                                                                           C. Regulatory Flexibility Act (RFA)
                                             Docket is (703) 305–5805. Please review                 response to the May 15, 2017 request for
                                             the visitor instructions and additional                 comments on the proposal to further                      I certify that this action will not have
                                             information about the docket available                  delay until May 22, 2018 the effective                a significant economic impact on a
                                             at http://www.epa.gov/dockets.                          date of the January 4, 2017 final rule,               substantial number of small entities
                                             FOR FURTHER INFORMATION CONTACT:                        and therefore is extending the effective              under RFA, 5 U.S.C. 601 et seq.
                                             Kevin Keaney, Field and External                        date of that final rule until June 5, 2017            D. Unfunded Mandates Reform Act
                                             Affairs Division (7506P), Office of                     in order to allow adequate time to
                                                                                                                                                           (UMRA)
                                             Pesticide Programs, Environmental                       consider and respond to the public
                                                                                                     comments.                                               This action does not contain an
                                             Protection Agency, 1200 Pennsylvania
                                                                                                        Section 553(b)(1)(B) of the                        unfunded mandate of $100 million or
                                             Ave. NW., Washington, DC 20460;
                                                                                                     Administrative Procedure Act, 5 U.S.C.                more as described in UMRA, 2 U.S.C.
                                             telephone number: (703) 305–5557;
                                                                                                     553(b)(1)(B), allows an action to be                  1531–1538, and does not significantly or
                                             email address: keaney.kevin@epa.gov.
                                                                                                     taken without opportunity for notice or               uniquely affect small governments.
                                             SUPPLEMENTARY INFORMATION:                              comment when the agency for good
                                                                                                                                                           E. Executive Order 13132: Federalism
                                             I. General Information                                  cause finds that notice and public
                                                                                                     procedure thereon are impracticable,                     This action does not have federalism
                                                On January 26, 2017, EPA published                   unnecessary, or contrary to the public                implications, as specified in Executive
                                             a final rule in the Federal Register                    interest. In addition, section 553(d)(3), 5           Order 13132 (64 FR 43255, August 10,
                                             entitled ‘‘Delay of Effective Date for 30               U.S.C. 553(d)(3), allows the effective                1999). It will not have substantial direct
                                             Final Regulations Published by the                      date of an action to be less than 30 days             effects on the States, on the relationship
                                             Environmental Protection Agency                         when a good cause finding is made.                    between the national government and
                                             Between October 28, 2016 and January                    Because of the immediate pendency of                  the States, or on the distribution of
                                             17, 2017’’ (82 FR 8499). In that rule,                  the effective date of the January 4, 2017             power and responsibilities among the
                                             EPA delayed the effective dates of the                  final rule, it would be impractical to                various levels of government.
                                             thirty regulations, including the final                 make the effective date of this extension
                                             rule revising the regulation concerning                                                                       F. Executive Order 13175: Consultation
                                                                                                     30 days after its publication, and it
                                             the certification of applicators of                                                                           and Coordination With Indian Tribal
                                                                                                     would be impractical to get public
                                             restricted use pesticides (RUPs) issued                                                                       Governments
                                                                                                     comments on this interim extension of
                                             on January 4, 2017 (82 FR 952) (FR–                     the effective date of the rule. In                      This action does not have Tribal
                                             9956–70), as requested in the                           addition, EPA still has only one Senate-              implications, as specified in Executive
                                             memorandum of January 20, 2017, from                    confirmed official, and the new                       Order 13175 (65 FR 67249, November 9,
                                             the Assistant to the President and Chief                Administration has not had the time to                2000).
                                             of Staff, entitled ‘‘Regulatory Freeze                  adequately review the January 4, 2017
                                             Pending Review’’ (January 20                                                                                  G. Executive Order 13045: Protection of
                                                                                                     certification rule. This extension to June            Children From Environmental Health
                                             Memorandum). The January 20                             5, 2017, will prevent the confusion and
                                             Memorandum directed the heads of                                                                              Risks and Safety Risks
                                                                                                     disruption among regulatees and
                                             Executive Departments and Agencies to                   stakeholders that would result if the                   This action is not subject to Executive
                                             postpone for 60 days from the date of                   January 4, 2017 rule were to become                   Order 13045 (62 FR 19885, April 23,
                                             the January 20 Memorandum the                           effective (displace the existing                      1997) because it is not an economically
                                             effective dates of all regulations that had             regulation) and then stayed or revoked                significant regulatory action as defined
                                             been published in the Federal Register                  as a result of administrative review.                 by Executive Order 12866.
                                             but had not yet taken effect.                           Therefore, EPA finds good cause to
                                                The January 20 Memorandum further                                                                          H. Executive Order 13211: Actions
                                                                                                     extend the effective date of the rule                 Concerning Regulations That
                                             directed that where appropriate and as                  without notice and comment.
                                             permitted by applicable law, agencies                                                                         Significantly Affect Energy Supply,
                                             should consider a rule to delay the                     II. Statutory and Executive Order                     Distribution, or Use
                                             effective date for regulations beyond                   Reviews                                                 This action is not a ‘‘significant
                                             that 60-day period. Accordingly, on                        Additional information about these                 energy action’’ as defined in Executive
                                             March 20, 2017, EPA published the final                 statutes and Executive Orders can be                  Order 13211 (66 FR 28355, May 22,
                                             rule ‘‘Further Delay of Effective Dates                 found at http://www2.epa.gov/laws-                    2001), because it is not likely to have a
                                             for Five Final Regulations Published by                 regulations/laws-and-executive-orders.                significant adverse effect on the supply,
                                             the Environmental Protection Agency                                                                           distribution or use of energy.
                                             Between December 12, 2016 and                           A. Executive Order 12866: Regulatory
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                                             January 17, 2017’’ (82 FR 14324), which                 Planning and Review; and, Executive                   I. National Technology Transfer and
                                             applied to the revised Certification of                 Order 13563: Improving Regulation and                 Advancement Act (NTTAA)
                                             Pesticide Applicators rule and four                     Regulatory Review                                       This rulemaking does not involve
                                             other rules. Pursuant to that March 20,                   This action is not a significant                    technical standards that would require
                                             2017 rule, the effective date of the                    regulatory action and was therefore not               Agency consideration under NTTAA
                                             revised Certification of Pesticide                      submitted to the Office of Management                 section 12(d), 15 U.S.C. 272 note.


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                                             23150               Federal Register / Vol. 82, No. 97 / Monday, May 22, 2017 / Rules and Regulations

                                             J. Executive Order 12898: Federal                       Department of Transportation, Federal                 DEPARTMENT OF TRANSPORTATION
                                             Actions To Address Environmental                        Railroad Administration, Office of Chief
                                             Justice in Minority Populations and                     Counsel; telephone: 202–493–0138;                     National Highway Traffic Safety
                                             Low-Income Populations                                  email: Matthew.Navarrete@dot.gov.                     Administration
                                                EPA believes that this action would                  SUPPLEMENTARY INFORMATION:     On August              49 CFR Parts 571 and 585
                                             not have disproportionately high and                    12, 2016, FRA published a final rule
                                             adverse human health or environmental                   requiring commuter and intercity                      [Docket No. NHTSA–2016–0125]
                                             effects on minority, low-income, or                     passenger railroads to develop and                    RIN 2126–AK93
                                             indigenous populations, as specified in                 implement an SSP to improve the safety
                                             Executive Order 12898 (59 FR 7629,                                                                            Federal Motor Vehicle Safety
                                                                                                     of their operations. See 81 FR 53850. On
                                             February 16, 1994).                                                                                           Standards; Minimum Sound
                                                                                                     February 10, 2017, FRA stayed the SSP
                                             K. Congressional Review Act (CRA)                       final rule’s requirements until March 21,             Requirements for Hybrid and Electric
                                                                                                     2017 consistent with the new                          Vehicles
                                                This action is subject to the CRA, 5
                                             U.S.C. 801 et seq., and EPA will submit                 Administration’s guidance issued                      AGENCY:  National Highway Traffic
                                             a rule report to each House of the                      January 20, 2017, intended to provide                 Safety Administration (NHTSA),
                                             Congress and to the Comptroller General                 the Administration an adequate                        Department of Transportation (DOT).
                                             of the United States. This action is not                opportunity to review new and pending                 ACTION: Final rule; delay of effective
                                             a ‘‘major rule’’ as defined by 5 U.S.C.                 regulations. 82 FR 10443 (Feb. 13,                    date.
                                             804(2).                                                 2017). To provide additional time for
                                                                                                     that review, FRA extended the stay until              SUMMARY:    In accordance with the
                                             List of Subjects in 40 CFR Part 171                                                                           Presidential directive as expressed in
                                                                                                     May 22, 2017. 82 FR 14476 (Mar. 21,
                                                Environmental protection, Applicator                                                                       the memorandum of January 20, 2017,
                                                                                                     2017). To continue this review, FRA
                                             competency, Agricultural worker safety,                                                                       from the Assistant to the President and
                                                                                                     needs to extend the stay until June 5,
                                             Certified applicator, Pesticide safety                                                                        Chief of Staff, entitled ‘‘Regulatory
                                                                                                     2017.                                                 Freeze Pending Review,’’ this action
                                             training, Pesticide worker safety,
                                             Pesticides and pests, Restricted use                       FRA’s implementation of this action                temporarily delays until June 5, 2017,
                                             pesticides.                                             without opportunity for public                        the effective date of the final rule titled
                                                                                                     comment is based on the good cause                    ‘‘Federal Motor Vehicle Safety
                                               Dated: May 17, 2017.                                  exceptions in 5 U.S.C. 553(b)(B) and                  Standards; Minimum Sound
                                             Louise P. Wise,                                         553(d)(3), in that seeking public                     Requirements for Hybrid and Electric
                                             Acting Assistant Administrator, Office of               comment is impracticable, unnecessary,                Vehicles,’’ initially scheduled to become
                                             Chemical Safety and Pollution Prevention.                                                                     effective on February 13, 2017.
                                                                                                     and contrary to the public interest. The
                                             [FR Doc. 2017–10541 Filed 5–18–17; 4:15 pm]             delay in the effective date until June 5,             DATES: The effective date of the final
                                             BILLING CODE 6560–50–P                                  2017, is necessary to provide the                     rule published on December 14, 2016
                                                                                                     opportunity for further review and                    (81 FR 90416), is delayed until June 5,
                                                                                                     consideration of this new regulation,                 2017. The initial compliance date is
                                             DEPARTMENT OF TRANSPORTATION                            consistent with the new                               September 1, 2018, with full phase in by
                                                                                                     Administration’s January 20, 2017                     September 1, 2019.
                                             Federal Railroad Administration                                                                               FOR FURTHER INFORMATION CONTACT: For
                                                                                                     guidance. Given the imminence of the
                                                                                                     effective date of the ‘‘System Safety                 legal issues, contact Thomas Healy,
                                             49 CFR Part 270                                                                                               Office of Chief Counsel, at (202) 366–
                                                                                                     Program’’ final rule, seeking prior public
                                             [Docket No. FRA–2011–0060, Notice No. 6]                comment on this temporary delay                       2992. For non-legal issues, contact Mike
                                             RIN 2130–AC31                                           would be impractical, as well as                      Pyne, Office of Rulemaking, at (202)
                                                                                                     contrary to the public interest in the                366–4171.
                                             System Safety Program                                   orderly promulgation and                              SUPPLEMENTARY INFORMATION: NHTSA
                                                                                                     implementation of regulations.                        bases this action on the Presidential
                                             AGENCY:  Federal Railroad                                                                                     directive expressed in the memorandum
                                             Administration (FRA), Department of                       Authority: 49 U.S.C. 20103, 20106–20107,            of January 20, 2017, from the Assistant
                                             Transportation.                                         20118–20119, 20156, 21301, 21304, 21311;              to the President and Chief of Staff,
                                             ACTION: Final rule; stay of regulations.                28 U.S.C. 2461, note; and 49 CFR 1.89.                entitled ‘‘Regulatory Freeze Pending
                                                                                                       Issued in Washington, DC, on May 18,                Review’’ (the January 20, 2017
                                             SUMMARY:    On August 12, 2016, FRA                     2017.                                                 memorandum). That memorandum
                                             published a final rule requiring                                                                              directed the heads of Executive
                                                                                                     Patrick T. Warren,
                                             commuter and intercity passenger                                                                              Departments and Agencies to
                                             railroads to develop and implement a                    Executive Director.
                                                                                                                                                           temporarily postpone for 60 days from
                                             system safety program (SSP) to improve                  [FR Doc. 2017–10519 Filed 5–18–17; 4:15 pm]
                                                                                                                                                           the date of the memorandum the
                                             the safety of their operations. On                      BILLING CODE 4910–06–P
                                                                                                                                                           effective dates of certain regulations that
                                             February 10, 2017, FRA stayed the SSP                                                                         had been published in the Federal
                                             final rule’s requirements until March 21,                                                                     Register, but had not yet taken effect.
                                             2017, and on March 20, 2017, FRA                                                                              Because the original effective date of the
                                             extended the stay to May 22, 2017. This                                                                       final rule published on December 14,
nlaroche on DSK30NT082PROD with RULES




                                             document extends that stay until June 5,                                                                      2016, fell within that 60-day window,
                                             2017.                                                                                                         the effective date of the rule was
                                             DATES: Effective May 18, 2017, 49 CFR                                                                         extended to March 21, 2017, in a final
                                             part 270 is stayed until June 5, 2017.                                                                        rule published on February 6, 2017 (82
                                             FOR FURTHER INFORMATION CONTACT:                                                                              FR 9368). The effective date was again
                                             Matthew Navarrete, Trial Attorney, U.S.                                                                       extended to May 22, 2017, in a final rule


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Document Created: 2018-11-08 08:51:05
Document Modified: 2018-11-08 08:51:05
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule; delay of effective date.
DatesThe 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.
ContactKevin Keaney, Field and External Affairs Division (7506P), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460;
FR Citation82 FR 23148 
CFR AssociatedEnvironmental Protection; Applicator Competency; Agricultural Worker Safety; Certified Applicator; Pesticide Safety Training; Pesticide Worker Safety; Pesticides and Pests and Restricted Use Pesticides

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