6016 Federal Register / Vol. 89, No. 21 / Wednesday, January 31, 2024 / Rules and Regulations 

§ 356.8 Continued suspension of 

liquidation. 

* * * * * 

(b) * * * 

(2) A participant in a binational panel 

review that was a domestic party to the 

proceeding, as described in section 

771(9)(C), (D), (E), (F), or (G) of the Act 

(19 U.S.C. 1677(9)(C), (D), (E), (F) and 

(G)), may request continued suspension 

of liquidation of entries of merchandise 

covered by the administrative 

determination under review by the 

panel and that would be affected by the 

panel review. Foreign governments are 

not listed as interested parties who may 

request the continuation of suspension 

under 19 U.S.C. 1516a(g)(5)(C)(iii). 

* * * * * 

■ 4. In § 356.9, revise paragraph (g) to 

read as follows: 

§ 356.9 Persons authorized to receive 

proprietary information 

* * * * * 

(g) Every court report, interpreter, and 

translator employed in a panel or 

extraordinary challenge committee 

review, as well as individuals employed 

to provide audiovisual services at 

hearings, meetings, or other events as 

needed. 

[FR Doc. 2024–01475 Filed 1–30–24; 8:45 am] 

BILLING CODE 3510–DS–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2023–0225; FRL–10919–02– 

OCSPP] 

O-Benzyl-P-Chlorophenol (OBPCP); 

Exemption From the Requirement of a 

Pesticide Tolerance 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: This regulation establishes 

exemptions from the requirement of a 

tolerance for residues of ortho-benzylpara-chlorophenol, potassium 2-benzyl4-chlorophenate, and sodium 2-benzyl4-chlorophenate on food contact 

surfaces when applied/used in public 

eating places, dairy processing 

equipment, and/or food processing 

equipment and utensils. These tolerance 

exemptions are established on the 

Agency’s own initiative under the 

Federal Food, Drug, and Cosmetic Act 

(FFDCA), in order to implement the 

tolerance actions EPA identified during 

its review of these chemicals as part of 

the Agency’s registration review 

program under the Federal Insecticide, 

Fungicide, and Rodenticide Act 

(FIFRA). 

DATES: This regulation is effective 

January 31, 2024. Objections and 

requests for hearings must be received 

on or before April 1, 2024, and must be 

filed in accordance with the instructions 

provided in 40 CFR part 178 (see also 

Unit I.C. of the SUPPLEMENTARY

INFORMATION). 

ADDRESSES: The docket for this action, 

identified by docket identification (ID) 

number EPA–HQ–OPP–2023–0225, is 

available at https://www.regulations.gov 

or at the Office of Pesticide Programs 

Regulatory Public Docket (OPP Docket) 

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 and the OPP 

docket is (202) 566–1744. Please review 

the visitor instructions and additional 

information about the docket available 

at https://www.epa.gov/dockets. 

FOR FURTHER INFORMATION CONTACT: 

Anita Pease, Antimicrobials Division 

(7510M), Office of Pesticide Programs, 

Environmental Protection Agency, 1200 

Pennsylvania Ave. NW, Washington, DC 

20460–0001; main telephone number: 

(202) 566–0736; email address: 

ADFRNotices@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Does this action apply to me? 

You may be potentially affected by 

this action if you are a pesticide 

manufacturer. The following list of 

North American Industrial 

Classification System (NAICS) codes 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: 

• Crop production (NAICS code 111). 

• Animal production (NAICS code 

112). 

• Food manufacturing (NAICS code 

311). 

• Pesticide manufacturing (NAICS 

code 32532). 

B. How can I get electronic access to 

other related information? 

You may access a frequently updated 

electronic version of 40 CFR part 180 

through the Office of the Federal 

Register’s e-CFR site at https://

www.ecfr.gov/current/title-40. 

C. How can I file an objection or hearing 

request? 

Under FFDCA section 408(g), 21 

U.S.C. 346a, any person may file an 

objection to any aspect of this regulation 

and may also request a hearing on those 

objections. You must file your objection 

or request a hearing on this regulation 

in accordance with the instructions 

provided in 40 CFR part 178. To ensure 

proper receipt by EPA, you must 

identify docket ID number EPA–HQ– 

OPP–2023–0255 in the subject line on 

the first page of your submission. All 

objections and requests for a hearing 

must be in writing and must be received 

by the Hearing Clerk in the Office of the 

Administrative Law Judges on or before 

April 1, 2024. Notwithstanding the 

procedural requirements of 40 CFR 

178.25(b), the Office of the 

Administrative Law Judges has issued 

an order urging parties to file and serve 

documents with the Tribunal by 

electronic means only. See Revised 

Order Urging Electronic Filing and 

Service (dated June 22, 2023), https://

www.epa.gov/system/files/documents/ 

2023-06/2023-06-22%20-%20revised

%20order%20urging%20electronic

%20filing%20and%20service.pdf. 

In addition to filing an objection or 

hearing request with the Hearing Clerk 

as described in 40 CFR part 178, please 

submit a copy of the filing (excluding 

any Confidential Business Information 

(CBI)) for inclusion in the public docket. 

Information not marked confidential 

pursuant to 40 CFR part 2 may be 

disclosed publicly by EPA without prior 

notice. Submit the non-CBI copy of your 

objection or hearing request, identified 

by docket ID number EPA–HQ–OPP– 

2023–0225, by one of the following 

methods: 

• Federal eRulemaking Portal: 

https://www.regulations.gov. Follow the 

online instructions for submitting 

comments. Do not submit electronically 

any information you consider to be 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 https://

www.epa.gov/dockets. 

Additional instructions on 

commenting or visiting the docket, 

along with more information about 

dockets generally, is available at https:// 

www.epa.gov/dockets. 


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Federal Register / Vol. 89, No. 21 / Wednesday, January 31, 2024 / Rules and Regulations 6017 

II. Background 

A. Proposed Rule 

In the Federal Register of May 5, 2023 

(88 FR 29010) (FRL–10919–01–OCSPP), 

EPA proposed to establish exemptions 

from the requirement of a tolerance for 

residues of the antimicrobial pesticides 

ortho-benzyl-para-chlorophenol, 

potassium 2-benzyl-4-chlorophenate, 

and sodium 2-benzyl-4-chlorophenate 

in food resulting from application to 

food-contact surfaces in public eating 

places, dairy-processing equipment, and 

food-processing equipment and utensils. 

The Agency had identified the need for 

the exemptions as part of the 

registration review process under the 

Federal Insecticide, Fungicide, and 

Rodenticide Act (FIFRA), 7 U.S.C. 

136a(g), and published a proposed 

rulemaking under its authority to 

initiate tolerance rulemakings under the 

FFDCA section 408(e), 21 U.S.C. 

346a(e). That proposal noted that the 

new exemptions would supersede the 

current exemption for ortho-benzylpara-chlorophenol under 40 CFR 

180.940(c) (listed as phenol, 4-chloro-2- 

(phenylmethyl)-, an alternative name for 

ortho-benzyl-para-chlorophenol), which 

would be removed from the regulations 

as unnecessary and redundant. 

As noted in the proposal, the OBenzyl-p-Chlorophenol (OBPCP) 

Interim Registration Review Decision 

(OBPCP ID) identified the need for these 

exemptions based on existing registered 

pesticide uses, and the underlying risk 

assessment concluded that there were 

no risks of concern associated with 

these uses. Consequently, EPA 

concluded that the exemptions from the 

requirement of a tolerance for residues 

of ortho-benzyl-para-chlorophenol, 

sodium 2-benzyl-4-chlorophenate, and 

potassium 2-benzyl-4-chlorophenate, 

when used in antimicrobial 

formulations applied to food contact 

surfaces in public eating places, dairy 

processing equipment, and food 

processing equipment and utensils 

when used at concentrations not to 

exceed 2,080 ppm in end-use 

formulations, would be safe. Electronic 

copies of the OBPCP ID and other 

documents are available in EPA docket 

number EPA–HQ–OPP–2011–0423, 

which can be found at https://

www.regulations.gov. 

B. What is the Agency’s authority for 

taking this action? 

Under section 408(e) of the FFDCA, 

EPA can establish an exemption from 

the requirement of a tolerance for 

residues of a pesticide chemical after 

publishing a proposed rule and 

providing 60-day period for public 

comment. 21 U.S.C. 346a(e). EPA 

published the proposed rule on May 5, 

2023, and provided 60 days for public 

comment (until July 5, 2023). 

III. Final Rule 

A. Comments 

No substantive comments were 

submitted in response to the proposed 

rule. 

B. Determination of Safety 

Section 408(c)(2)(A)(i) of FFDCA 

allows EPA to establish an exemption 

from the requirement for a tolerance (the 

legal limit for a pesticide chemical 

residue in or on a food) only if EPA 

determines that the exemption is ‘‘safe.’’ 

Section 408(c)(2)(A)(ii) of FFDCA 

defines ‘‘safe’’ to mean that ‘‘there is a 

reasonable certainty that no harm will 

result from aggregate exposure to the 

pesticide chemical residue, including 

all anticipated dietary exposures and all 

other exposures for which there is 

reliable information.’’ This includes 

exposure through drinking water and in 

residential settings but does not include 

occupational exposure. Pursuant to 

FFDCA section 408(c)(2)(B), in 

establishing or maintaining in effect an 

exemption from the requirement of a 

tolerance, EPA must take into account 

the factors set forth in FFDCA section 

408(b)(2)(C), which requires EPA to give 

special consideration to exposure of 

infants and children to the pesticide 

chemical residue in establishing a 

tolerance and to ‘‘ensure that there is a 

reasonable certainty that no harm will 

result to infants and children from 

aggregate exposure to the pesticide 

chemical residue . . . .’’ 

As noted in the proposed rule, EPA 

reviewed the available scientific data 

and other relevant information as part of 

registration review and in support of 

this action. Based on that review, EPA’s 

proposed rule concluded that the 

exemptions would be safe. 

Since no comments were filed, EPA’s 

assessment of the potential for risks 

from exposure to these pesticide 

chemicals and conclusions about the 

safety of these exemptions remains 

unchanged. Therefore, based on the lack 

of any aggregate risks of concern, EPA 

concludes that these exemptions from 

the requirement of a tolerance for 

residues of ortho-benzyl-parachlorophenol, sodium 2-benzyl-4- 

chlorophenate, and potassium 2-benzyl4-chlorophenate, including the 

limitation for the end-use formulation 

concentration of each of these pesticides 

to not exceed 2,080 ppm, are safe, i.e., 

there is a reasonable certainty that no 

harm will result from aggregate 

exposures to ortho-benzyl-parachlorophenol, sodium 2-benzyl-4- 

chlorophenate, or potassium 2-benzyl-4- 

chlorophenate, when used in 

accordance with the terms of the 

respective exemptions. In addition, EPA 

has determined that there is a 

reasonable certainty that no harm will 

result to infants and children from 

aggregate exposure to the pesticide 

chemical residues, in accordance with 

FFDCA section 408(b)(2)(C). 

IV. Conclusion 

Therefore, exemptions from the 

requirement of a tolerance are 

established for residues of ortho-benzylpara-chlorophenol, potassium 2-benzyl4-chlorophenate, and sodium 2-benzyl4-chlorophenate, when used on or 

applied to food contact surfaces in 

public eating places, dairy processing 

equipment, and food processing 

equipment and utensils, with a 

limitation in concentration of 2,080 

ppm in end-use formulations. In 

addition, EPA is removing the existing 

exemption in 40 CFR 180.940(c) for 

residues of phenol, 4-chloro-2- 

(phenylmethyl)-, as it is unnecessary 

and redundant upon the establishment 

of these new exemptions. 

V. Statutory and Executive Order 

Reviews 

Additional information about these 

statutes and Executive orders can be 

found at https://www.epa.gov/lawsregulations/laws-and-executiveorders#influence. 

A. Executive Order 12866: Regulatory 

Planning and Review and Executive 

Order 13563: Improving Regulations 

and Regulatory Review 

This action is exempt from review by 

the Office of Management and Budget 

(OMB) under Executive Orders 12866 

(58 FR 51735, October 4, 1993) and 

13563 (76 FR 3821, January 21, 2011) 

because it establishes tolerance 

exemptions under FFDCA section 408. 

B. Paperwork Reduction Act (PRA) 

This action does not impose an 

information collection burden under the 

PRA, 44 U.S.C. 3501 et seq., because it 

does not contain any information 

collection activities. 

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, EPA 

concludes that the impact of concern for 

this rule is any significant adverse 

economic impact on small entities and 


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6018 Federal Register / Vol. 89, No. 21 / Wednesday, January 31, 2024 / Rules and Regulations 

that the Agency is certifying that this 

rule will not have a significant 

economic impact on a substantial 

number of small entities because the 

rule has no net burden on small entities 

subject to the rule. As discussed in the 

proposed rule, this takes into account 

the EPA analysis for the establishment 

and modification of tolerances. 

Furthermore, the Agency did not receive 

any comments on these conclusions as 

presented in the proposed rule. 

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. The action imposes no 

enforceable duty on any state, local, or 

tribal governments or the private sector. 

E. Executive Order 13132: Federalism 

This action does not have federalism 

implications as specified in Executive 

Order 13132, August 10, 1999 (64 FR 

43255). 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, November 9, 2000 (65 FR 

67249), because it will not have 

substantial direct effects on tribal 

governments, on the relationship 

between the Federal Government and 

the Indian tribes, or on the distribution 

of power and responsibilities between 

the Federal Government and Indian 

tribes. 

G. Executive Order 13045: Protection of 

Children From Environmental Health 

Risks and Safety Risks 

Executive Order 13045 (62 FR 19885, 

April 23, 1997) directs Federal agencies 

to include an evaluation of health and 

safety effects of the planned regulation 

on children in Federal health and safety 

standards and explain why the 

regulation is preferable to potential 

effective and reasonably feasible 

alternatives. This action is also not 

subject to Executive Order 13045 

because it is not a significant regulatory 

action under section 3(f)(1) of Executive 

Order 12866 (See Unit V.A.) and 

because EPA does not believe the 

environmental health or safety risks 

addressed by this action present a 

disproportionate risk to children. 

However, EPA’s Policy on Children’s 

Health applies to this action. 

This rule finalizes tolerance actions 

under the FFDCA, which requires EPA 

to give special consideration to 

exposure of infants and children to the 

pesticide chemical residue in 

establishing a tolerance and to ‘‘ensure 

that there is a reasonable certainty that 

no harm will result to infants and 

children from aggregate exposure to the 

pesticide chemical residue . . .’’ 

(FFDCA 408(b)(2)(C)). Consistent with 

FFDCA section 408(b)(2)(D), and the 

factors specified therein, EPA has 

reviewed the available scientific and 

other data and other relevant 

information in support of these final 

tolerance actions. The Agency’s 

consideration is documented in the 

pesticide specific registration review 

decision documents. See the discussion 

in Unit III. and access the chemical 

specific registration review documents 

in each chemical docket at https://

www.regulations.gov. 

H. Executive Order 13211: Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution or Use 

This action is not a 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 

Advancement Act (NTTAA) 

This action does not involve technical 

standards under NTTAA section 12(d), 

15 U.S.C. 272. 

J. Executive Order 12898: Federal 

Actions To Address Environmental 

Justice in Minority Populations and 

Low-Income Populations 

Executive Order 12898 (59 FR 7629, 

February 16, 1994) directs Federal 

agencies, to the greatest extent 

practicable and permitted by law, to 

make environmental justice part of their 

mission by identifying and addressing, 

as appropriate, disproportionately high 

and adverse human health or 

environmental effects of their programs, 

policies, and activities on minority 

populations (people of color and/or 

indigenous peoples) and low-income 

populations. As discussed in more 

detail in the pesticide specific risk 

assessments conducted as part of the 

registration review for the pesticides 

identified in Unit II., EPA has 

considered the safety risks for the 

pesticides subject to this rulemaking 

and in the context of the tolerance 

actions set out in this rulemaking. EPA 

believes that the human health and 

environmental conditions that exist 

prior to this action do not result in 

disproportionate and adverse effects on 

people of color, low-income 

populations, and/or indigenous peoples. 

Furthermore, EPA believes that this 

action is not likely to result in new 

disproportionate and adverse effects on 

people of color, low-income 

populations, and/or indigenous peoples. 

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 180 

Environmental protection, 

Administrative practice and procedure, 

Agricultural commodities, Pesticides 

and pests, Reporting and recordkeeping 

requirements. 

Dated: January 25, 2024. 

Anita Pease, 

Director, Antimicrobials Division, Office of 

Pesticide Programs. 

Therefore, for the reasons stated in the 

preamble, EPA amends 40 CFR chapter 

I as follows: 

PART 180—TOLERANCES AND 

EXEMPTIONS FOR PESTICIDE 

CHEMICAL RESIDUES IN FOOD 

■ 1. The authority citation for part 180 

continues to read as follows: 

Authority: 21 U.S.C. 321(q), 346a and 371. 

■ 2. Amend § 180.940 by: 

■ a. Adding in alphabetical order the 

entries ‘‘Ortho-benzyl-parachlorophenol’’, ‘‘Potassium 2-benzyl-4- 

chlorophenate’’, and ‘‘Sodium 2-benzyl4-chlorophenate’’ to table 1 to paragraph 

(a). 

■ b. Removing the entry ‘‘Phenol, 4- 

chloro-2-(phenylmethyl)-’’ from the 

table in paragraph (c). 

The additions read as follows: 

§ 180.940 Tolerance exemptions for active 

and inert ingredients for use in 

antimicrobial formulations (Food-contact 

surface sanitizing solutions). 

* * * * * 

(a) * * * 


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Federal Register / Vol. 89, No. 21 / Wednesday, January 31, 2024 / Rules and Regulations 6019 

TABLE 1 TO PARAGRAPH (a) 

Pesticide chemical CAS reg. No. Limits 

*******

Ortho-benzyl-para-chlorophenol ................................... 120–32–1 When ready for use, the end-use concentration is not to exceed 2080 

ppm. 

*******

Potassium 2-benzyl-4-chlorophenate ........................... 35471–49–9 When ready for use, the end-use concentration is not to exceed 2080 

ppm. 

* * * * * * * 

Sodium 2-benzyl-4-chlorophenate ................................ 3184–65–4 When ready for use, the end-use concentration is not to exceed 2080 

ppm. 

*******

* * * * * 

[FR Doc. 2024–01869 Filed 1–30–24; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Centers for Medicare & Medicaid 

Services 

42 CFR Parts 409, 410, 414, 424, 484, 

488, and 489 

[CMS–1780–CN] 

RIN 0938–AV03 

Medicare Program; Calendar Year (CY) 

2024 Home Health (HH) Prospective 

Payment System Rate Update; HH 

Quality Reporting Program 

Requirements; HH Value-Based 

Purchasing Expanded Model 

Requirements; Home Intravenous 

Immune Globulin Items and Services; 

Hospice Informal Dispute Resolution 

and Special Focus Program 

Requirements, Certain Requirements 

for Durable Medical Equipment 

Prosthetics and Orthotics Supplies; 

and Provider and Supplier Enrollment 

Requirements; Correction 

AGENCY: Centers for Medicare & 

Medicaid Services (CMS), Department 

of Health and Human Services (HHS). 

ACTION: Final rule; correction. 

SUMMARY: This document corrects 

technical errors in the final rule that 

appeared in the November 13, 2023 

Federal Register titled ‘‘Medicare 

Program; Calendar Year (CY) 2024 

Home Health (HH) Prospective Payment 

System Rate Update; HH Quality 

Reporting Program Requirements; HH 

Value-Based Purchasing Expanded 

Model Requirements; Home Intravenous 

Immune Globulin Items and Services; 

Hospice Informal Dispute Resolution 

and Special Focus Program 

Requirements, Certain Requirements for 

Durable Medical Equipment Prosthetics 

and Orthotics Supplies; and Provider 

and Supplier Enrollment Requirements’’ 

(referred to hereafter as the ‘‘CY 2024 

HH PPS final rule’’). 

DATES: Effective date: This correcting 

document is effective January 31, 2024. 

FOR FURTHER INFORMATION CONTACT: For 

questions about the Home Health 

Quality Reporting Program (HH QRP), 

send your inquiry via email to 

HHQRPquestions@cms.hhs.gov. 

For questions about the expanded 

Home Health Value-Based Purchasing 

Model, please visit the Expanded 

HHVBP Model web page at https://

innovation.cms.gov/innovation-models/ 

expanded-home-health-value-basedpurchasing-model; send your inquiry 

via email to HHVBPquestions@

cms.hhs.gov; or call Marcie O’Reilly at 

(410) 786–9764. 

For questions about the hospice 

informal dispute resolution send 

inquiries to QSOG_Hospice@

cms.hhs.gov, and for the special focus 

program, send your inquiry to CMS_

HospiceSFP@cms.hhs.gov, or call 

Thomas Pryor at (410) 786–1332. 

SUPPLEMENTARY INFORMATION: 

I. Background 

This correcting document identifies 

and corrects errors in FR Doc. 2023– 

24455 of November 13, 2023 (88 FR 

77676). The corrections in this 

correcting document are effective 

January 1, 2024, as if they had been 

included in the document that appeared 

in the November 13, 2023, Federal 

Register. 

II. Summary of Errors 

On pages 77680, 77761, 77767, and 

77851 in our discussion of the Home 

Health Quality Reporting Program (HH 

QRP), we made several typographical 

errors. 

On pages 77778 and 77779, in a table 

regarding the proposed measures for the 

Home Health Value-Based Purchasing 

Model (HHVBP), we made 

typographical and technical errors. 

On pages 77801, 77802, and 77807, in 

our discussion of the Hospice Informal 

Dispute Resolution and Special Focus 

Program, we made several typographical 

and technical errors. 

We are correcting these errors in 

section IV. of this correcting document. 

III. Waiver of Proposed Rulemaking 

and Delay in Effective Date 

Under 5 U.S.C. 553(b) of the 

Administrative Procedure Act (APA), 

the agency is required to publish a 

notice of the proposed rulemaking in 

the Federal Register before the 

provisions of a rule take effect. 

Similarly, section 1871(b)(1) of the 

Social Security Act (the Act) requires 

the Secretary to provide for notice of the 

proposed rulemaking in the Federal 

Register and provide a period of not less 

than 60 days for public comment. In 

addition, section 553(d) of the APA, and 

section 1871(e)(1)(B)(i) of the Act 

mandate a 30-day delay in effective date 

after issuance or publication of a rule. 

Sections 553(b)(B) and 553(d)(3) of the 

APA provide for exceptions from the 

notice and comment and delay in 

effective date APA requirements; in 

cases in which these exceptions apply, 

sections 1871(b)(2)(C) and 

1871(e)(1)(B)(ii) of the Act provide 

exceptions from the notice and 60-day 

comment period and delay in effective 

date requirements of the Act as well. 

Section 553(b)(B) of the APA and 

section 1871(b)(2)(C) of the Act 

authorize an agency to dispense with 

normal rulemaking requirements for 

good cause if the agency makes a 

finding that the notice and comment 

process are impracticable, unnecessary, 

or contrary to the public interest. In 

addition, both section 553(d)(3) of the 


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