[Federal Register: July 6, 2005 (Volume 70, Number 128)]
[Rules and Regulations]
[Page 38785-38786]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr06jy05-11]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 180
[OPP-2005-0109; FRL-7721-1]
Dimethyl Ether; Exemption from the Requirement of a Tolerance;
Technical Correction
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule; technical correction.
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SUMMARY: EPA issued a final rule in the Federal Register of May 18,
2005, establishing a tolerance exemption for dimethyl ether (methane,
oxybis-). This document is being issued to correct the CAS Reg. No. for
dimethyl ether.
DATES: This final rule is effective on July 6, 2005.
ADDRESSES: Follow the detailed instructions as provided under ADDRESSES
in the Federal Register document of May 18, 2005.
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 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 the FOR FURTHER INFORMATION CONTACT.
B. How Can I Access Electronic Copies of this Document and Other
Related Information?
In addition to using EDOCKET at http://www.epa.gov/edocket/, 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 E-CFR Beta Site Two at http://www.gpoaccess.gov/ecfr/
.
II. What Does this Correction Do?
A tolerance exemption for dimethyl ether (methane, oxybis-) was
established in the Federal Register of May 18, 2005, (70 FR 28436),
(FRL-7711-4). In that document the CAS Reg. No. in the tolerance
exemption expression was given as 115-10-06. It should be 115-10-6 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 in a previously-
published final rule in the Chemical Abstracts Service (CAS) numerical
designation for a chemical. Notice and public procedures are
unnecessary for such a minor change. The initial notice for the final
rule and the final rule clearly identified the chemical by name. EPA
finds that this constitutes good cause under 5 U.S.C. 553(b)(B).
IV. Do Any of the Statutory and Executive Order Reviews 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 subject to OMB approval under
the Paperwork Reduction Act (PRA), 44 U.S.C. 3501 et seq.), 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).
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.).
This action will not result in environmental justice related issues
and does not, therefore, require any special considerations under
Executive Order 12898, entitled Federal Actions to Address
Environmental Justice in Minority Populations and Low-Income
Populations (59 FR 7629, February 16, 1994).
Since this action 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 would
require Agency 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).
[[Page 38786]]
This technical correction will not have a 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,
entitledFederalism(64 FR 43255, August 10, 1999). Executive Order 13132
requires EPA to develop an accountable process to ensure ``meaningful
and timely input by State and local officials in the development of
regulatory policies that have federalism implications.'' ``Policies
that have federalism implications'' is defined in the Executive order
to include regulations that 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.'' This technical correction does not
alter the relationships or distribution of power and responsibilities
established by Congress in the preemption provisions of section
408(n)(4) of the FFDCA. For these same reasons, this technical
correction does not have any ``tribal implications'' as described in
Executive Order 13175, entitled Consultation and Coordination with
Indian Tribal Governments (65 FR 67249, November 6, 2000). Executive
Order 13175, requires EPA to develop an accountable process to ensure
``meaningful and timely input by tribal officials in the development of
regulatory policies that have tribal implications.'' ``Policies that
have tribal implications'' is defined in the Executive Order to include
regulations that have ``substantial direct effects on one or more
Indian tribes, 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.'' This rule will not
have substantial direct effects on tribal governments, on the
relationship between the Federal Government and Indian tribes, or on
the distribution of power and responsibilities between the Federal
Government and Indian tribes, as specified in Executive Order 13175.
Thus, Executive Order 13175 does not apply to this rule.
V. Congressional 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 the Federal 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: June 23, 2005.
Lois Rossi,
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), 346a and 371.
0
2. In Sec. 180.910, by amending the entry in the table under
``Dimethyl ether'', by correcting the CAS Reg. No. 115-10-06 to read as
follows:
Sec. 180.910 Inert ingredients used pre- and post-harvest; exemptions
from the requirement a tolerance.
* * *
------------------------------------------------------------------------
Inert ingredients Limits Uses
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* * * * * * *
Dimethyl ether (methane, oxybis- .................. Propellant
) (CAS Reg. No. 115-10-6).
* * * * * * *
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[FR Doc. 05-13173 Filed 7-5-05; 8:45 am]
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