[Federal Register: July 11, 2003 (Volume 68, Number 133)]
[Rules and Regulations]
[Page 41271-41273]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr11jy03-8]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 180
[OPP-2003-0103; FRL-7317-1]
Imidacloprid; Pesticide Tolerances 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 June 13,
2003, concerning the establishment of tolerances for combined residues
of imidacloprid. This document is being issued to properly display the
table in the regulatory text.
DATES: This document is effective on July 11, 2003.
FOR FURTHER INFORMATION CONTACT: Shaja R. Brothers, Registration
Division (7505C), Office of Pesticide Programs, Environmental
Protection Agency, 1200 Pennsylvania Ave., NW.,Washington, DC 20460-
0001; telephone number: (703) 308-3194; e-mail address:
brothers.shaja@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 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-2003-0103. 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.
[[Page 41272]]
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_
40/40cfr180--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?
In a final rule published in the Federal Register of June 13, 2003
(68 FR 35303) (FRL-7310-8) an amendment to Sec. 180.472 inadvertently
omitted the third column of the table (Expiration/Revocation date) in
paragraph (a). This correction is being published to show the table as
it should have appeared with the newly added commodities.
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 inserting language that was inadvertently omitted
from the previously published final rule. 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 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 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,
entitled Governmental 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. 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: July 8, 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. On page 35314, in FR Doc. 03-14880, in the third column, the table
to Sec. 180.472(a), as amended, is corrected by adding the third
column (Revocation/Expiration date) and in the footnote,
``registration'' should read ``registrations'' to read as follows:
Sec. 180.472 Imidacloprid; tolerances for residues.
(a) * * *
[[Page 41273]]
------------------------------------------------------------------------
Revocation/
Commodity Parts per million Expiration date
------------------------------------------------------------------------
Acerola 1.0 None
* * * * * * *
Artichoke, globe 2.5 None
Avocado 1.0 None
Banana\1\ 0.02 None
* * * * * * *
Canistel 1.0 None
* * * * * * *
Corn, pop, grain 0.05 None
Corn, pop, stover 0.20 None
* * * * * * *
Cranberry 0.05 None
Currant 3.5 None
* * * * * * *
Elderberry 3.5 None
* * * * * * *
Feijoa 1.0 None
* * * * * * *
Fruit, stone, group 12 3.0 None
Gooseberry 3.5 None
* * * * * * *
Guava 1.0 None
* * * * * * *
Huckleberry 3.5 None
Jaboticaba 1.0 None
Juneberry 3.5 None
* * * * * * *
Lingonberry 3.5 None
Longan 3.0 None
Lychee 3.0 None
Mango 1.0 None
* * * * * * *
Mustard, seed 0.05 None
Okra 1.0 None
Passionfruit 1.0 None
Papaya 1.0 None
* * * * * * *
Persimmon 3.0 None
* * * * * * *
Pulasan 3.0 None
Rambutan 3.0 None
Salal 3.5 None
Sapodilla 1.0 None
Sapote, black 1.0 None
Sapote, mamey 1.0 None
* * * * * * *
Spanish lime 3.0 None
Star apple 1.0 None
Starfruit 1.0 None
Strawberry 0.50 None
* * * * * * *
Vegetable, leaves of root and 4.0 None
tuber, group 2
Vegetable, legume, except 4.0 None
soybean, group 6
Vegetable, root and tuber, group 0.40 None
1, except sugar beet
* * * * * * *
Watercress 3.5 None
Wax jambu 1.0 None
* * * * * * *
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\1\ There are no U.S. registrations as of June 13, 2003 for use on
banana.
* * * * *
[FR Doc. 03-17674 Filed 7-10-03; 8:45 am]
BILLING CODE 6560-50-S