Federal Register / Vol. 79, No. 83 / Wednesday, April 30, 2014 / Rules and Regulations 24347 

not be challenged later in proceedings to 

enforce its requirements. See section 

307(b)(2) of the CAA. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Nitrogen dioxide, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

Dated: April 11, 2014. 

W.C. Early, 

Acting, Regional Administrator, Region III. 

40 CFR part 52 is amended as follows: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority citation for part 52 

continues to read as follows: 

Authority: 42 U.S.C. 7401 et seq. 

Subpart NN—Pennsylvania 

■ 2. In § 52.2020, the table in paragraph 

(e)(1) is amended by revising the entry 

for ‘‘Regional Haze Plan’’ to read as 

follows: 

§ 52.2020 Identification of plan. 

* * * * * 

(e) * * * 

(1) * * * 

Name of nonregulatory SIP revision Applicable 

geographic area 

State 

submittal 

date 

EPA 

approval date 

Additional 

explanation 

*******

Regional Haze Plan .................. Statewide ................................. 12/20/10 7/13/12, 77 FR 41279 .............. § 52.2042; Limited Approval. 

12/20/10 4/30/14 [Insert page number 

where the document begins].

Reissuing of Limited Approval. 

* * * * * * * 

* * * * * 

[FR Doc. 2014–09726 Filed 4–29–14; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 168 

[EPA–HQ–OPP–2009–0607; FRL–9909–82] 

RIN 2070–AJ53 

Labeling of Pesticide Products and 

Devices for Export 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA is amending the 

regulations that pertain to labeling of 

pesticide products and devices intended 

solely for export. This action will allow 

placement of the required information 

on collateral labeling attached to the 

shipping container of such products 

rather than on the immediate package of 

each individual product in such a 

shipment. This restores provisions that 

previously allowed exporters to use 

labeling attached to, or accompanying, 

the product shipping container of the 

export pesticide at all times when 

shipped or held for shipment in the 

United States. 

DATES: This direct final rule is effective 

July 29, 2014. 

Written adverse comments must be 

received on or before May 30, 2014. If 

EPA receives adverse comment, EPA 

will withdraw this direct final rule 

before its effective date. 

ADDRESSES: Submit your comments, 

identified by docket identification (ID) 

number EPA–HQ–OPP–2009–0607, 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. 

• 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, is available at 

http://www.epa.gov/dockets. 

FOR FURTHER INFORMATION CONTACT: 

Kathryn Boyle, Field and External 

Affairs Division (7506P), Office of 

Pesticide Programs, Environmental 

Protection Agency, 1200 Pennsylvania 

Ave. NW., Washington, DC 20460–0001; 

telephone number: (703) 305–6304; 

email address: boyle.kathryn@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Executive Summary 

A. Does this action affect me? 

You may be potentially affected by 

this action if you export a pesticide 

product, a pesticide device, or an active 

ingredient used in producing a 

pesticide. The following North 

American Industrial Classification 

System (NAICS) code category is not 

intended to be exhaustive, but rather 

provides a guide to help readers 

determine whether this document 

applies to them. Potentially affected 

entities may include, but are not limited 

to: Pesticide and other agricultural 

chemical manufacturing (NAICS code 

325320), e.g., pesticide manufacturing, 

insecticide manufacturing, herbicide 

manufacturing, and fungicide 

manufacturing. 

B. What is the Agency’s authority for 

taking this action? 

This action is issued under the 

authority of section 25(a) of the Federal 

Insecticide, Fungicide, and Rodenticide 

Act (FIFRA), 7 U.S.C. 136w(a), to carry 

out the provisions of FIFRA section 

17(a), 7 U.S.C. 136o(a). 

C. What action is the Agency taking? 

EPA is revising the regulations that 

pertain to labeling of pesticide products 

and devices intended solely for export. 

This action will allow placement of the 

required information on collateral 

labeling attached to a shipping 

container of such products rather than 

on the label of each individual product 

in such a shipment. 

D. What are the impacts of this action? 

There are no costs associated with 

this action, and the benefits provided 

are related to avoiding potential costs. 

Without these labeling provisions, 

registrants would be required to place 

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24348 Federal Register / Vol. 79, No. 83 / Wednesday, April 30, 2014 / Rules and Regulations 

export-related labeling on the 

immediate package of each individual 

pesticide product in a shipping 

container that is intended solely for 

export. According to stakeholders, the 

inability to use the labeling method 

allowed under the previous regulations 

could significantly increase their costs 

and create trade barriers. 

II. What are the direct final rule 

procedures? 

EPA is issuing a direct final rule, 

which means that the effective date of 

this direct final rule is July 29, 2014. 

If EPA receives written adverse 

comments on or before May 30, 2014, 

EPA will withdraw the direct final rule 

before its effective date; issue a 

proposed rule to seek public comment 

on the issue(s) raised by the adverse 

comments received, provide a 30-day 

period for public comment on that 

issue; and then issue a new final rule. 

III. Background 

A. Summary of the 2011 Proposed Rule 

On April 6, 2011 (76 FR 18995) (FRL– 

8862–2), EPA issued a notice of 

proposed rulemaking (NPRM) titled, 

‘‘Regulation to Clarify Labeling of 

Pesticides for Export.’’ EPA proposed to 

clarify, restructure, and add specificity 

to labeling regulations for the export of 

unregistered pesticide products and 

devices. In that NPRM, EPA proposed to 

explicitly require labeling to accompany 

the unregistered export pesticide 

product or device at all times, even 

when such products are being shipped 

between registered establishments 

operated by the same producer. 

B. Public Comments on the NPRM 

The public comment period for the 

April 6, 2011, NPRM closed on June 6, 

2011, and six sets of comments were 

submitted. Two of the commenters 

pointed out several inconsistencies in 

the use of the terms ‘‘label,’’ ‘‘labeling,’’ 

and ‘‘supplemental labeling’’ in the 

proposal. One of those commenters also 

urged ‘‘that all labeling requirements 

should be in compliance with existing 

regulations under 40 CFR 156.’’ The 

comments are available in the docket 

under docket ID number EPA–HQ– 

OPP–2009–0607. 

EPA analyzed the comments and 

prepared a response to comments 

document, which is available in the 

docket under document number EPA– 

HQ–OPP–2009–0607–0016. As part of 

analyzing the comment on 

inconsistencies in the use of the terms 

‘‘label,’’ ‘‘labeling,’’ and ‘‘supplemental 

labeling,’’ EPA referred to the FIFRA 

definitions of ‘‘label’’ and ‘‘labeling.’’ 

FIFRA section 2(p)(1) defines label as 

‘‘the written, printed, or graphic matter 

on, or attached to, the pesticide or 

device or any of its containers or 

wrappers.’’ Under FIFRA section 

2(p)(2), labeling is a more inclusive term 

which includes labels as well as ‘‘all 

other written, printed, or graphic 

matter’’ that accompanies the product at 

any time, or to which reference is made 

on a label or in literature accompanying 

the pesticide or device. Because the two 

terms are not interchangeable, EPA 

agreed that inconsistent use could create 

confusion. Thus, as EPA began to write 

the regulatory text for the final rule, the 

Agency carefully evaluated the 

regulatory text for possibly confusing 

uses of the terms ‘‘label’’ and ‘‘labeling.’’ 

During that evaluation, and bearing in 

mind the comment that ‘‘all labeling 

requirements should be in compliance 

with existing regulations under 40 CFR 

156,’’ EPA analyzed proposed 

§ 168.66(b). This section specified that 

‘‘the required label information may be 

fully met by’’ and then provided several 

examples of ways to provide the 

required label information. One of the 

examples referred to ‘‘supplemental 

labeling.’’ At that time, EPA determined 

to provide a reference to the existing 

label regulations in 40 CFR part 156, 

instead of providing examples of ways 

to meet the required label information. 

Specifically, EPA referred to 40 CFR 

156.10(a)(4), which is titled ‘‘Placement 

of Label,’’ believing that provision 

would provide appropriate and accurate 

information. 

C. The 2013 Final Rule 

The final rule titled ‘‘Labeling of 

Pesticide Products and Devices for 

Export; Clarification of Requirements’’ 

published on January 18, 2013 (78 FR 

4073) (FRL–9360–8). The rule was 

effective on March 19, 2013, with a 

compliance date of January 21, 2014. 

IV. This Direct Final Rule 

Industry stakeholders subsequently 

brought to the Agency’s attention their 

concern that removing the term 

‘‘supplemental labeling’’ resulted in the 

removal of a provision stating that such 

supplemental labeling can be attached 

to a shipping container holding export 

pesticides or devices rather than to each 

individual product container in a 

shipment. They stated that the inability 

of registrants to use ‘‘supplemental 

labeling’’ in that manner could create 

trade barriers and increase costs. The 

purpose of this direct final rule is to 

address those concerns. 

EPA now believes that the term 

‘‘supplemental labeling’’ is not the 

appropriate term to describe the 

material or documentation used to meet 

the requirements of the export labeling 

rules. To more accurately describe the 

materials other than ‘‘labels’’ that are 

acceptable for meeting these 

requirements, EPA believes that a better 

term is ‘‘collateral labeling.’’ EPA has 

already described collateral labeling in 

the Label Review Manual (LRM), page 

3–2 (see http://www.epa.gov/oppfead1/

labeling/lrm/chap-03.pdf) as follows: 

Bulletins, leaflets, circulars, brochures, 

data sheets, flyers or other written, printed or 

graphic matter which are referred to on the 

label or which are to accompany the product 

are known in Agency practice as ‘‘collateral 

labeling.’’ Such labeling is subject to 

applicable requirements of FIFRA and the 

Agency’s regulations. 

Accordingly, in this direct final rule 

EPA is using the term ‘‘collateral 

labeling’’ in restoring the ability of 

exporters to comply with export 

labeling requirements through materials 

that are not attached to each individual 

export product’s immediate container. 

EPA is revising existing 40 CFR 168.66 

to remove the reference to 40 CFR 

156.10(a)(4), and to restore the 

inadvertently eliminated provisions that 

allowed exporters to use such collateral 

labeling attached to, or accompanying, 

the product shipping container of the 

export pesticide at all times when 

shipped or held for shipment in the 

United States. EPA will also restructure 

40 CFR part 168, subpart D, by moving 

the text in § 168.68 and some of the text 

in § 168.66 to new § 168.65. 

V. FIFRA Review Requirements 

In accordance with FIFRA section 

25(a), EPA submitted the draft direct 

final rule to the Secretary of Agriculture 

(USDA), the FIFRA Scientific Advisory 

Panel (SAP), and appropriate 

Congressional Committees. On February 

10, 2014, the FIFRA SAP waived its 

review of this direct final rule because 

the changes ‘‘are administrative in 

nature and do not contain scientific 

issues that require the SAP’s 

consideration.’’ On March 12, 2014, 

USDA waived review of this direct final 

rule, because this action merely 

‘‘corrects the regulatory text.’’ 

VI. Statutory and Executive Order 

Reviews 

A. Executive Order 12866: Regulatory 

Planning and Review and Executive 

Order 13563: Improving Regulation and 

Regulatory Review 

This direct final rule is not a 

‘‘significant regulatory action’’ under 

the terms of Executive Order 12866 (58 

FR 51735, October 4, 1993) and was not, 

therefore, submitted to the Office of 

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Federal Register / Vol. 79, No. 83 / Wednesday, April 30, 2014 / Rules and Regulations 24349 

Management and Budget (OMB) for 

review under Executive Orders 12866 

and 13563 (76 FR 3821, January 21, 

2011). 

B. Paperwork Reduction Act (PRA) 

According to the PRA, 44 U.S.C. 3501 

et seq., an agency may not conduct or 

sponsor, and a person is not required to 

respond to a collection of information 

that requires OMB approval under PRA, 

unless it has been approved by OMB 

and displays a currently valid OMB 

control number. The OMB control 

numbers for EPA regulations in title 40 

of the CFR, after appearing in the 

Federal Register , are listed in 40 CFR 

part 9, and included on the related 

collection instrument or form, as 

applicable. 

The information collection 

requirements associated with reporting 

under 40 CFR part 168 have already 

been approved by OMB pursuant to 

PRA under OMB control number 2070– 

0027 (EPA ICR No. 0161). This direct 

final rule is not expected to involve an 

increase in information collection 

activities and there are no additional 

burdens imposed by this direct final 

rule that requires additional review or 

approval by OMB. 

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 the RFA, 5 U.S.C. 601 et seq. In 

making this determination, the impact 

of concern is any significant adverse 

economic impact on small entities, 

because the primary purpose of a final 

regulatory flexibility analysis is to 

identify and address regulatory 

alternatives that ‘‘minimize the 

significant economic impact on small 

entities’’ 5 U.S.C. 604. Thus, an agency 

may certify that a rule will not have a 

significant economic impact on a 

substantial number of small entities if 

the rule has no net burden effect on the 

small entities subject to the rule. As 

indicated previously, EPA is restoring a 

provision that was inadvertently 

removed from the regulation. We have 

therefore concluded that this action will 

have no net regulatory burden for all 

directly regulated small entities. 

D. Unfunded Mandates Reform Act 

(UMRA) 

This action does not contain any 

unfunded mandate as described in 

UMRA, 2 U.S.C. 1531–1538, and does 

not significantly or uniquely affect small 

governments. This action imposes no 

enforceable duty on any State, local or 

tribal governments, because no State, 

local, or tribal government is known to 

produce, transport, formulate, package, 

or export unregistered pesticide 

products or devices. As indicated 

previously, EPA is restoring a provision 

that was inadvertently removed from 

the regulation. As such, the action will 

have a net affect on producers, 

transporters, formulators, packagers, 

and exporters of unregistered pesticide 

products and devices intended solely 

for export. 

E. Executive Order 13132: Federalism 

This action will not have substantial 

direct effect on 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, as specified in 

Executive Order 13132 (64 FR 43255, 

August 10, 1999). 

F. Executive Order 13175: Consultation 

and Coordination With Indian Tribal 

Governments 

This action does not have tribal 

implications because it is expected to 

only affect producers, transporters, 

formulators, packagers, and exporters of 

unregistered pesticide products and 

devices. Since no Indian tribal 

government is known to produce, 

transport, formulate, package, or export 

unregistered pesticide products or 

devices, this action has no tribal 

implications. Accordingly, the 

requirements of Executive Order 13175 

(65 FR 67249, November 9, 2000) do not 

apply to this action. 

G. Executive Order 13045: Protection of 

Children From Environmental Health 

Risks and Safety 

This action is not subject to Executive 

Order 13045 (62 FR 19885, April 23, 

1997), because this action does not 

address environmental health or safety 

risks disproportionately affecting 

children. 

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 this action is not 

expected to affect energy supply, 

distribution, or use. 

I. National Technology Transfer and 

Advancement Act (NTTAA) 

Since this action does not involve any 

technical standards, NTTAA section 

12(d), 15 U.S.C. 272 note, does not 

apply to this action. 

J. Executive Order 12898: Federal 

Actions To Address Environmental 

Justice in Minority Populations and 

Low-Income Populations 

EPA has determined that this action 

will not have disproportionately high 

and adverse human health or 

environmental effects on minority or 

low-income populations because it 

increases the level of environmental 

protection for all affected populations 

without having any disproportionately 

high and adverse human health or 

environmental effects on any 

population, including any minority or 

low-income population. As such, this 

action does not entail special 

considerations of environmental justicerelated issues as delineated by 

Executive Order 12898 (59 FR 7629, 

February 16, 1994). 

VII. Congressional Review Act (CRA) 

Pursuant to the CRA, 5 U.S.C. 801 et 

seq., EPA will submit a report 

containing this direct final rule and 

other required information to the U.S. 

Senate, the U.S. House of 

Representatives, and the Comptroller 

General of the United States prior to 

publication of the direct final rule in the 

Federal Register. This action is not a 

‘‘major rule’’ as defined by 5 U.S.C. 

804(2). 

List of Subjects in 40 CFR Part 168 

Environmental protection, 

Administrative practice and procedure, 

Advertising, Exports, Labeling, 

Pesticides and pests, Reporting and 

recordkeeping requirements. 

Dated: April 24, 2014. 

James Jones, 

Assistant Administrator, Office of Chemical 

Safety and Pollution Prevention. 

Therefore, 40 CFR chapter I is 

amended as follows: 

PART 168—[AMENDED] 

■ 1. The authority citation for part 168 

continues to read as follows: 

Authority: 7 U.S.C. 136–136y. 

■ 2. Revise the heading for subpart D to 

part 168 to read as follows: 

Subpart D—Procedures for Exporting 

Pesticides 

■ 3. Add § 168.65 to subpart D to read 

as follows: 

§ 168.65 Applicability. 

(a) This subpart describes the labeling 

requirements applicable to pesticide 

products and devices that are intended 

solely for export from the United States 

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24350 Federal Register / Vol. 79, No. 83 / Wednesday, April 30, 2014 / Rules and Regulations 

under the provisions of FIFRA section 

17(a). 

(b) This subpart applies to all export 

pesticide products and export pesticide 

devices that are exported for any 

purpose, including research. 

(c) Export pesticide products and 

export pesticide devices are also subject 

to requirements for pesticide production 

reporting, recordkeeping and inspection 

and purchaser acknowledgement 

provisions that can be found in the 

following parts: 

(1) Pesticide production reporting 

requirements under FIFRA section 7 are 

located in part 167 of this chapter (as 

referenced in § 168.85(b)). 

(2) Recordkeeping and inspection 

requirements under FIFRA section 8 are 

located in part 169 of this chapter (as 

referenced in § 168.85(a)). 

(3) Purchaser acknowledgement 

statement provisions under FIFRA 

section 17(a) are located in § 168.75. 

■ 4. Revise § 168.66 to read as follows: 

§ 168.66 Labeling of pesticide products 

and devices for export. 

Any label and labeling information 

requirements in §§ 168.69, 168.70, and 

168.71 that are not met fully on the 

product label attached to the immediate 

product container may be met by 

collateral labeling that is either: 

(a) Attached to the immediate product 

(container label); or 

(b) Attached to or accompanies the 

shipping container of the export 

pesticide or export device at all times 

when it is shipped or held for shipment 

in the United States. 

§ 168.68 [Removed and Reserved] 

■ 5. Remove and reserve § 168.68. 

■ 6. Revise § 168.69(a) to read as 

follows: 

§ 168.69 Registered export pesticide 

products. 

(a) Each export pesticide product that 

is registered under FIFRA section 3 or 

FIFRA section 24(c) must bear labeling 

approved by EPA for its registration or 

collateral labeling in compliance with 

§ 168.66. 

* * * * * 

■ 7. Revise § 168.70(b) to read as 

follows: 

§ 168.70 Unregistered export pesticide 

products. 

* * * * * 

(b) Each unregistered export pesticide 

product must bear labeling that 

complies with all requirements of this 

section or collateral labeling in 

compliance with § 168.66. 

* * * * * 

■ 8. Revise § 168.71(a) to read as 

follows: 

§ 168.71 Export pesticide devices. 

(a) Each export pesticide device sold 

or distributed anywhere in the United 

States must bear labeling that complies 

with all requirements of this section or 

collateral labeling in compliance with 

§ 168.66. 

* * * * * 

[FR Doc. 2014–09843 Filed 4–25–14; 4:15 pm] 

BILLING CODE 6560–50–P 

FEDERAL MARITIME COMMISSION 

46 CFR Parts 501 and 503 

RIN 3072–ZA03 

[Docket No. 14–03] 

Requests for Testimony by Employees 

Relating to Official Information and 

Production of Official Records in 

Litigation 

AGENCY: Federal Maritime Commission. 

ACTION: Direct final rule. 

SUMMARY: This regulation amends the 

Commission’s provisions for release of 

public information and related 

delegation of authority by issuing 

procedures for requests for testimony by 

Federal Maritime Commission 

employees and production of official 

Commission records in litigation, and 

delegating responsibility for 

determinations relating to such 

procedures to the General Counsel. It 

generally provides that Commission 

employees may not appear as witnesses 

in connection with information 

acquired in the course of performing 

official duties, or produce Commission 

records in litigation, without the 

consent of the Commission. The 

intended effect of this regulation is to 

clarify the Commission’s procedures, 

conserve the ability of the Commission 

to conduct official business, preserve its 

employee resources, minimize 

involvement in matters unrelated to its 

mission and programs, and maintain its 

impartiality. This regulation does not 

apply to Congressional inquiries, 

Federal court civil proceedings in which 

the United States is a party, or Freedom 

of Information Act and Privacy Act 

requests. 

DATES: This rule is effective July 31, 

2014 without further action, unless 

significant adverse comment is received 

by June 2, 2014. If significant adverse 

comment is received, the Federal 

Maritime Commission will publish a 

timely withdrawal of the rule in the 

Federal Register. 

ADDRESSES: Submit comments to: Karen 

V. Gregory, Secretary, Federal Maritime 

Commission, 800 North Capitol Street 

NW., Washington, DC 20573–0001 or 

email non-confidential comments to: 

Secretary@fmc.gov (email comments as 

attachments preferably in Microsoft 

Word or PDF). 

FOR FURTHER INFORMATION CONTACT: 

Karen V. Gregory, Secretary, Federal 

Maritime Commission, 800 N. Capitol 

Street NW., Washington, DC 20573– 

0001, (202) 523–5725, Fax (202) 523– 

0014, Email: Secretary@fmc.gov. 

Tyler J. Wood, Deputy General Counsel, 

Federal Maritime Commission, 800 N. 

Capitol Street NW., Washington, DC 

20573–0001, (202) 523–5740, Fax 

(202) 523–5738, Email: 

GeneralCounsel@fmc.gov. 

SUPPLEMENTARY INFORMATION: At 

present, Commission regulations do not 

specify procedures for its employees to 

respond to subpoenas or produce 

Commission records in private 

litigation. In the absence of such 

procedures, an employee could give 

testimony or provide records, diverting 

such employee from performing his/her 

duties, and potentially creating the 

appearance that the Commission is 

taking sides in private litigation. This 

regulation is intended to address this 

situation by generally prohibiting both 

appearances and compliance with 

subpoenas unless authorized by the 

Commission, and setting forth 

procedures for handling such requests. 

The courts have recognized the 

authority of Federal agencies set 

procedures for dealing with such 

subpoenas. United States ex rel. Touhy 

v. Ragen, 340 U.S. 462 (1951); see also 

Truex v. Allstate Ins. Co., 233 F.R.D. 

188, 190 (D.D.C. 2006); Bobreski v. EPA, 

284 F. Supp. 2d 67, 73 (D.D.C. 2003). 

This regulation describes procedures 

by which the Commission will make its 

employees and records available in 

response to subpoenas in Federal court 

civil proceedings in which the United 

States is not a party. The regulation does 

not apply to Congressional proceedings, 

or to Federal court civil proceedings in 

which the United States is a party. This 

regulation likewise does not apply to 

either Freedom of Information Act or 

Privacy Act requests. This regulation 

does not restrict the ability of its 

employees to appear as private citizens 

on their own time or while in an 

approved leave status, in proceedings 

that do not relate to Commission 

policies and programs. 

This rule relates to internal agency 

management. Therefore, pursuant to 5 

U.S.C. 553, notice and comment are not 

required and this rule may become 

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