[Federal Register: April 4, 2003 (Volume 68, Number 65)]
[Rules and Regulations]
[Page 16436-16437]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr04ap03-11]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 180
[OPP-2002-0217; FRL-7298-4]
Lactic acid, ethyl ester and Lactic acid, n-butyl ester;
Exemptions from the Requirement of a Tolerance; Technical Correction
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule; technical correction.
-----------------------------------------------------------------------
SUMMARY: EPA issued a final rule in the Federal Register of September
3, 2002, establishing tolerance exemptions for lactic acid, ethyl ester
and lactic acid, n-butyl ester. In the codified text of that document,
the CAS number for lactic acid, ethyl ester was incorrectly listed.
This document is being issued to correct the CAS number for lactic
acid, ethyl ester.
DATES: This document is effective on April 4, 2003.
FOR FURTHER INFORMATION CONTACT: Kathryn Boyle, Registration Division
(7505C), Office of Pesticide Programs, Environmental Protection Agency,
1200 Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone
number: 703-305-6304; e-mail address: boyle.kathryn@epa.gov.
SUPPLEMENTARY INFORMATION:
I. General Information
A. Does this Action Apply to Me?
The Agency included in the September 3, 2002 final rule a list of
those who may be potentially affected by this action. If you have
questions regarding the applicability of this action to a particular
entity, consult the person listed under FOR FURTHER INFORMATION
CONTACT.
B. How Can I Get Copies of this Document and Other Related Information?
1. Docket. EPA has established an official public docket for this
action under docket identification (ID) number OPP-2002-0217. The
official public docket consists of the documents specifically
referenced in this action, any public comments received, and other
information related to this action. Although a part of the official
docket, the public docket does not include Confidential Business
Information (CBI) or other information whose disclosure is restricted
by statute. The official public docket is the collection of materials
that is available for public viewing at the Public Information and
Records Integrity Branch (PIRIB), Rm. 119, Crystal Mall 2,
1921 Jefferson Davis Hwy., Arlington, VA. This docket facility is open
from 8:30 a.m. to 4 p.m., Monday through Friday, excluding legal
holidays. The docket telephone number is (703) 305-5805.
2. Electronic access. You may access this Federal Register document
electronically through the EPA Internet under the ``Federal Register''
listings at http://www.epa.gov/fedrgstr/. A frequently updated
electronic version of 40 CFR part 180 is available at http://www.access.gpo.gov/nara/cfr/cfrhtml_00/Title_
40/40cfr[180]--00.html,
a beta site currently under development.
An electronic version of the public docket is available through
EPA's electronic public docket and comment system, EPA Dockets. You may
use EPA Dockets at http://www.epa.gov/edocket/ to submit or view public
comments, access the index listing of the contents of the official
public docket, and to access those documents in the public docket that
are available electronically. Once in the system, select ``search,''
then key in the appropriate docket ID number.
II. What Does this Correction Do?
A tolerance exemption for lactic acid, ethyl ester was established
in the Federal Register of September 3, 2002 (67 FR 56225) (FRL- 7196-
6) (OPP-2002-0217). In the codified text of that document, the CAS
number was incorrectly listed as ``197-64-3.'' The CAS number should
have read ``97-64-3'' as expressed in the preamble.
III. Why is this Correction Issued as a Final Rule?
Section 553 of the Administrative Procedure Act (APA), 5 U.S.C.
553(b)(B), provides that, when an Agency for good cause finds that
notice and public procedure are impracticable, unnecessary or contrary
to the public interest, the agency may issue a final rule without
providing notice and an opportunity for public comment. EPA has
determined that there is good cause for making today's technical
correction final without prior proposal and opportunity for comment,
because EPA is merely correcting a typographical error. The CAS number
for lactic acid, ethyl ester was correctly listed in the preamble, but
erroneously listed in the codified text. EPA finds that this
constitutes good cause under 5 U.S.C. 553(b)(B).
IV. Do Any of the Regulatory Assessment Requirements Apply to this
Action?
This final rule implements a technical correction to the CFR, and
it does not otherwise impose or amend any requirements. As such, the
Office of Management and Budget (OMB) has determined that a technical
correction is not a ``significant regulatory action'' subject to review
by OMB under Executive Order 12866, entitled Regulatory Planning and
Review (58 FR 51735, October 4, 1993). Nor does this final rule contain
any information collection requirements that require review and
approval by OMB pursuant to the Paperwork Reduction Act of 1995 (PRA)
(44 U.S.C. 3501 et seq.). Since the Agency has made a ``good cause''
finding that this action is not subject to notice-and-comment
requirements under the APA or any other statute (see Unit III.), this
action is not subject to provisions of the Regulatory Flexibility Act
(RFA) (5 U.S.C. 601 et seq.), or to sections 202 and 205 of the
Unfunded Mandates Reform Act of 1995 (UMRA) (Public Law 104-4). In
addition, this action does not significantly or uniquely affect small
governments or impose any enforceable duty or contain any unfunded
mandate as described under Title II of the Unfunded Mandates Reform Act
of 1995 (UMRA) (Public Law 104-4). This final rule will not have
substantial direct effects on the States or on one or more Indian
tribes, on the relationship between the national government and the
States or one or more Indian tribes, or on the
[[Page 16437]]
distribution of power and responsibilities among the various levels of
government or between the Federal government and Indian tribes. As
such, this action does not have any ``federalism implications'' as
described in Executive Order 13132, entitled Federalism (64 FR 43255,
August 10, 1999), or any ``tribal implications'' as described in
Executive Order 13175, entitled Consultation and Coordination with
Indian Tribal Governments (65 FR 67249, November 6, 2000). Since this
direct final rule is not a ``significant regulatory action'' as defined
by Executive Order 12866, it does not require OMB review or any Agency
action under Executive Order 13045, entitled Protection of Children
from Environmental Health Risks and Safety Risks (62 FR 19885, April
23, 1997), and is not subject to Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use (66 FR 28355, May 22, 2001). This action does not
involve any technical standards that require the Agency's consideration
of voluntary consensus standards pursuant to section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (NTTAA),
Public Law 104-113, section 12(d) (15 U.S.C. 272 note). This action
will not result in environmental justice related issues and does not,
therefore, require special consideration under Executive Order 12898,
entitled Federal Actions to Address Environmental Justice in Minority
Populations and Low-Income Populations (59 FR 7629, February 16, 1994)
or Executive Order 12630, entitledGovernmental Actions and Interference
with Constitutionally Protected Property Rights (53 FR 8859, March 15,
1988). In issuing this final rule, EPA has taken the necessary steps to
eliminate drafting errors and ambiguity, minimize potential litigation,
and provide a clear legal standard for affected conduct, as required by
section 3 of Executive Order 12988, entitled Civil Justice Reform (61
FR 4729, February 7, 1996).
V. Congresssional Review Act
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this 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 this final rule in theFederal Register. This final
rule 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: March 21, 2003.
Peter Caulkins,
Acting Director, Registration Division, Office of Pesticide Programs.
0
Therefore, 40 CFR part 180 is corrected as follows:
PART 180--[AMENDED]
0
1. The authority citation for part 180 continues to read as follows:
Authority: 21 U.S.C. 321(q), 346(a) and 371.
0
2. Section 180.950 is amended by revising the entry for ``Lactic acid,
ethyl ester'' in paragraph (e) to read as follows:
Sec. 180.950 Tolerance exemptions for minimal risk active and inert
ingredients.
* * * * *
(e) * * *
------------------------------------------------------------------------
Chemical Name CAS No.
------------------------------------------------------------------------
* * * * *
Lactic acid, ethyl ester 97-64-3
* * * * *
------------------------------------------------------------------------
[FR Doc. 03-7973 Filed 4-3-03; 8:45 am]
BILLING CODE 6560-50-S