[Federal Register: April 21, 1999 (Volume 64, Number 76)] [Rules and Regulations] [Page 19493-19494] From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr21ap99-8] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Parts 180 and 186 [OPP-300719A; FRL-6075-7] RIN 2070-AB78 Mepiquat Chloride; Pesticide Tolerances for Emergency Exemptions, Correction AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule, correction. ----------------------------------------------------------------------- SUMMARY: This document corrects a tolerance regulation which established time-limited tolerances for residues of mepiquat chloride, (N,N-dimethylpiperidinium chloride) in or on grapes and raisins. DATES: This correction is effective September 29, 1998. FOR FURTHER INFORMATION CONTACT: By mail: Andrew Ertman, Registration Division 7505C, Office of Pesticide Programs, Environmental Protection Agency, 401 M St., SW., Washington, DC 20460. Office location, telephone number, and e-mail address: Crystal Mall #2, 1921 Jefferson Davis Hwy., Arlington, VA, (703) 308-9367, e-mail: ertman.andrew@epamail.epa.gov. SUPPLEMENTARY INFORMATION: I. What Action is EPA Taking? EPA is making a minor correction to a tolerance regulation that it issued in the Federal Register on September 29, 1998 (63 FR 51841; FRL- 6032-6). The tolerance regulation established time-limited tolerances for residues of mepiquat chloride (N,N-dimethylpiperidinium chloride) in or on grapes at 1.0 part per million (ppm) and raisins at 6.0 ppm. The regulation amended 40 CFR 180.384 and 186.2275. EPA established this time-limited tolerance on its own initiative pursuant to sections 408(e) and (l)(6) of the Federal Food, Drug, and Cosmetic Act (FFDCA), 21 U.S.C. 346a(e) and (l)(6). This document corrects the amendatory instructions that were provided for Sec. 186.2275 in the September 29, 1998 Federal Register document. Specifically, on page 51848, in the first column, under part 186, the amendatory instruction ``b'' is corrected to read as follows: ``b. In Sec. 186.2275, by transferring the entry for `cottonseed meal' from the table and adding it alphabetically to the table in newly designated paragraph (a) of Sec. 180.384, and by removing the remainder of Sec. 186.2275.'' II. Why Is this Technical Correction Issued as a Final Rule? EPA is publishing this action as a final rule without prior notice and opportunity to comment because the Agency believes that providing notice and an opportunity to comment is unnecessary and would be contrary to the public interest. As explained above, the corrections contained in this action will simply correct the erroneous instructions for amending Sec. 186.2275 contained in the September 29, 1998 Federal Register document. These instructions do not in any way impact the action presented in the September 29, 1998 Federal Register document. EPA therefore finds that there is ``good cause'' under section 553(b)(3)(B) of the Administrative Procedure Act (5 U.S.C. 553(b)(3)(B)) to make this amendment without prior notice and comment. III. Do Any of the Regulatory Assessment Requirements Apply to this Action? No. This final rule does not impose any new requirements. It only implements a technical correction to the Code of Federal Regulations (CFR). As such, this action does not require review by the Office of Management and Budget (OMB) under Executive Order 12866, entitled Regulatory Planning and Review (58 FR 51735, October 4, 1993), the Paperwork Reduction Act (PRA), 44 U.S.C. 3501 et seq., or Executive Order 13045, entitled Protection of Children from Environmental Health Risks and Safety Risks (62 FR 19885, April 23, 1997). This action does not impose any enforceable duty, contain any unfunded mandate, or impose any significant or unique impact on small governments as described in the Unfunded Mandates Reform Act of 1995 (UMRA) (Pub. L. 104-4). Nor does it require prior consultation with State, local, and tribal government officials as specified by Executive Order 12875, entitled Enhancing the Intergovernmental Partnership (58 FR 58093, October 28, 1993) and Executive Order 13084, entitled Consultation and Coordination with Indian Tribal Governments (63 FR 27655, May 19,1998), or special consideration of environmental justice related issues under Executive Order 12898, entitled Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations (59 FR 7629, February 16, 1994). 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), Pub. L. 104-113, section 12(d) (15 U.S.C. 272 note). In addition, since this action is not subject to notice-and-comment requirements under the Administrative Procedure Act (APA) or any other statute, it is not subject to the regulatory flexibility provisions of the Regulatory Flexibility Act (RFA) (5 U.S.C. 601 et seq.). EPA's compliance with these statutes and Executive Orders for the issuance of the underlying rule is discussed in the preamble for that rule (63 FR 51841, September 29, 1998). IV. Will EPA Submit this Final Rule to Congress and the Comptroller General? Yes. 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. Section 808 allows the issuing agency to make a good cause finding that notice and public procedure is impracticable, unnecessary or contrary to the public interest. This determination must be supported by a brief statement. 5 U.S.C. 808(2). EPA has made such a good cause finding for this final rule, and established an effective date of September 29, 1998. Pursuant to 5 U.S.C 808(2), this determination is [[Page 19494]] supported by the brief statement in Unit II. of this preamble. 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 the rule in the Federal Register. This is not a ``major rule'' as defined by 5 U.S.C. 804(2). V. Correction In FR Doc. 98-25984, in the September 29, 1998 issue of the Federal Register, on page 51848, in the first column, under part 186, correct amendatory instruction ``b.'' to read as follows: ``b. In Sec. 186.2275 by transferring the entry for `cottonseed meal' from the table and adding it alphabetically to the table in newly designated paragraph (a) of Sec. 180.384, and by removing the remainder of Sec. 186.2275.'' List of Subjects 40 CFR Parts 180 and 186 Environmental protection, Administrative practice and procedure, Agricultural commodities, Pesticides and pests, Reporting and recordkeeping requirements. Dated: April 2, 1999. Donald R. Stubbs, Acting Director, Registration Division, Office of Pesticide Programs. [FR Doc. 99-10005 Filed 4-20-99; 8:45 am] BILLING CODE 6560-50-F