[Federal Register Volume 73, Number 251 (Wednesday, December 31, 2008)]
[Rules and Regulations]
[Pages 80301-80302]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-31010]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 180
[EPA-HQ-OPP-2007-0674; FRL-8393-9]
2, 4-D, Bensulide, Chlorpyrifos, DCPA, Desmedipham, Dimethoate,
Fenamiphos, Metolachlor, Phorate, Sethoxydim, Terbufos,
Tetrachlorvinphos, and Triallate; Technical Amendment
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule; technical amendment.
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SUMMARY: EPA issued a final rule in the Federal Register of September
17, 2008, concerning the modification of certain tolerances for a
number of pesticides including the herbicides DCPA and sethoxydim as a
follow-up to the Agency's reregistration program under the Federal
Insecticide, Fungicide, and Rodenticide Act (FIFRA) and tolerance
reassessment program under the Federal Food, Drug, and Cosmetic Act
(FFDCA). This document corrects clerical errors made in the final rule.
DATES: This final rule is effective December 31, 2008.
ADDRESSES: EPA has established a docket for this action under docket
identification (ID) number EPA-HQ-OPP-2007-0674. All documents in the
docket are listed in the docket index available in http://www.regulations.gov. Although listed in the index, some information is
not publicly available, e.g., Confidential Business Information (CBI)
or other information whose disclosure is restricted by statute. Certain
other material, such as copyrighted material, is not placed on the
Internet and will be publicly available only in hard copy form.
Publicly available docket materials are available in the electronic
docket at http://www.regulations.gov, or, if only available in hard
copy, at the OPP Regulatory Public Docket in Rm. S-4400, One Potomac
Yard (South Bldg.), 2777 S. Crystal Dr., Arlington, VA. The Docket
Facility is open from 8:30 a.m. to 4 p.m., Monday through Friday,
excluding legal holidays. The Docket Facility telephone number is (703)
305-5805.
FOR FURTHER INFORMATION CONTACT: Jane Smith, Special Review and
Reregistration Division (7508P), Office of Pesticide Programs,
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460-0001; telephone number: (703) 308-0048; e-mail
address: [email protected].
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 FOR FURTHER INFORMATION CONTACT.
B. How Can I Access Electronic Copies of this Document and Other
Related Information?
In addition to accessing electronically available documents at
http://www.regulations.gov, you may access this Federal Register
document electronically through the EPA Internet under the ``Federal
Register'' listings at http://www.epa.gov/fedrgstr.
II. What Does this Amendment Do?
FR Doc. E8-21589 published in the Federal Register of September 17,
2008 (73 FR 53732) (FRL-8375-2), is corrected as follows:
1. On page 53737, under Sec. 180.185(a), in the table, the
tolerance for ``vegetable, brassica, leafy, group 5'' is corrected to
read 5.0 ppm. (EPA proposed a 5.0 ppm tolerance on February 6, 2008 (73
FR 6867) (FRL-8345-2), and received no comments on that proposed
tolerance, but through typographical error the tolerance was listed at
0.05 ppm in the final rule. This technical amendment corrects that
error.)
2. On page 53742, under Sec. 180.412(a), the table is corrected to
include the following tolerances which were
[[Page 80302]]
inadvertently omitted: Crambe, meal at 40.0 ppm; crambe, seed at 35.0
ppm; cuphea, seed at 35.0 ppm; echium, seed at 35.0 ppm; gold of
pleasure, meal at 40.0 ppm; gold of pleasure, seed at 35.0 ppm; hare's
ear mustard, seed at 35.0 ppm; lesquerella, seed at 35.0 ppm; lunaria,
seed at 35.0 ppm; meadowfoam, seed at 35.0 ppm; milkweed, seed at 35.0
ppm; mustard, seed at 35.0 ppm; oil radish, seed at 35.0 ppm; poppy,
seed at 35.0 ppm; sesame, seed at 35.0 ppm; and sweet rocket, seed at
35.0 ppm. (These oil seed commodity tolerances for sethoxydim were
published in the Federal Register of July 9, 2008 (73 FR 39256) (FRL-
8370-9). When EPA published the September 17, 2008 (73 FR 53732), final
rule pertaining to sethoxydim tolerances for other commodities, the
amendatory language in the final rule mistakenly omitted the tolerances
finalized on July 9, 2008, rather than adding to them, as had been
intended. EPA has not proposed revoking these tolerances. This
technical amendment corrects that error).
III. Why is this Amendment 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
amendment final without prior proposal and opportunity for comment,
because the erroneous changes being corrected were the result of
clerical error, and were neither proposed nor commented upon. Notice
and comment is therefore unnecessary.
IV. Do Any of the Statutory and Executive Order Reviews Apply to this
Action?
No. This action only corrects typographical omissions and errors
for a previously published final rule and does not impose any new
requirements. EPA's compliance with the statues and Executive Orders
for the underlying rule is discussed in Unit VI. of the final rule
published September 17, 2008 (73 FR 53732).
V. Congressional Review Act
The Congressional Review Act, 5 U.S.C. 801 et seq., generally
provides that before a rule may take effect, the Agency promulgating
the rule must submit a rule report 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: December 22, 2008.
Debra Edwards,
Director, Office of Pesticide Programs.
0
Therefore, 40 CFR part 180 is amended 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.
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2. Section 180.185 is amended by revising the entry for ``Vegetable,
brassica, leafy, group 5'' in the table in paragraph (a) to read as
follows:
Sec. 180.185 DCPA; tolerances for residues.
(a) General. * * *
------------------------------------------------------------------------
Parts per
Commodity million
------------------------------------------------------------------------
* * * * *
Vegetable, brassica, leafy, group 5........................ 5.0
* * * * *
------------------------------------------------------------------------
* * * * *
0
3. Section 180.412 is amended by alphabetically adding the following
commodities to the table in paragraph (a) to read as follows:
Sec. 180.412 Sethoxydim; tolerances for residues.
(a) General. * * *
------------------------------------------------------------------------
Parts per
Commodity million
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* * * * *
Crambe, meal............................................... 40.0
Crambe, seed............................................... 35.0
* * * * *
Cuphea, seed............................................... 35.0
* * * * *
Echium, seed............................................... 35.0
* * * * *
Gold of pleasure, meal..................................... 40.0
Gold of pleasure, seed..................................... 35.0
* * * * *
Hare's ear mustard, seed................................... 35.0
* * * * *
Lesquerella, seed.......................................... 35.0
* * * * *
Lunaria, seed.............................................. 35.0
Meadowfoam, seed........................................... 35.0
* * * * *
Milkweed, seed............................................. 35.0
Mustard, seed.............................................. 35.0
* * * * *
Oil radish, seed........................................... 35.0
* * * * *
Poppy, seed................................................ 35.0
* * * * *
Sesame, seed............................................... 35.0
* * * * *
Sweet rocket, seed......................................... 35.0
* * * * *
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* * * * *
[FR Doc. E8-31010 Filed 12-30-08; 8:45 am]
BILLING CODE 6560-50-S