[Federal Register: November 16, 2007 (Volume 72, Number 221)]
[Rules and Regulations]
[Page 64538-64539]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr16no07-10]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 180
[EPA-HQ-OPP-2006-0995; FRL-8134-6]
Pendimethalin; Pesticide Tolerance 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 May 16,
2007, concerning the establishment of tolerances for combined residues
of pendimethalin and its metabolites, 4-[(1-ethylpropyl)amino]-2-
methyl-3-5-dinitrobenzyl alcohol in or on various commodities. This
document is being issued to correct the amendatory language.
DATES: This final rule is effective November 16, 2007.
ADDRESSES: EPA has established a docket for this action under docket
identification (ID) number EPA-HQ-OPP-2006-0995. To access the
electronic docket, go to http://www.regulations.gov, select ``Advanced
Search,'' then ``Docket Search.'' Insert the docket ID number where
indicated and select the ``Submit'' button. Follow the instructions on
the regulations.gov web site to view the docket index or access
available documents. All documents in the docket are listed in the
docket index available in 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 either in the electronic docket at http://www.regulations.gov
, or, if only available in hard copy, at the Office
of Pesticide Programs (OPP) Regulatory Public Docket in Rm. S-4400, One
Potomac Yard (South Bldg.), 2777 S. Crystal Drive Arlington, VA. The
hours of operation of this Docket Facility are from 8:30 a.m. to 4
p.m., Monday through Friday, excluding legal
[[Page 64539]]
holidays. The Docket Facility telephone number is (703) 305-5805.
FOR FURTHER INFORMATION CONTACT: Phillip V. Errico, Registration
Division (7505P), Office of Pesticide Programs, Environmental
Protection Agency, 1200 Pennsylvania Ave., NW., Washington DC 20460-
0001; telephone number: (703) 305-6663; e-mail address:
errico.phillip@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 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 Correction Do?
FR Doc. 07-9428 published in the Federal Register of May 16, 2007
(72 FR 27456) (FRL-8120-2) is corrected to clarify the amendatory
language to paragraph (a) of Sec. 180.361 as it appeared on page 27460
of the final rule.
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 this technical
correction final without prior proposal and opportunity for comment,
because the use of notice and comment procedures are unnecessary to
effectuate this correction. EPA finds that this constitutes good cause
under 5 U.S.C. 553(b)(3)(B).
IV. Do Any of the Statutory and Executive Order Reviews Apply to this
Action?
No. This action only corrects the amendatory language for a
previously published final rule and does not impose any new
requirements. EPA's compliance with the statutes and Executive Order
for the underlying rule is discussed in Unit VI. of the May 16, 2007,
final rule (72 FR 27456).
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: November 2, 2007.
Lois Rossi,
Director, Registration Division, 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 180.361 is amended in paragraph (a) in the table by removing
``Bean, lima, seed''; ``Bean, lima, succulent''; and ``Pea,
succulent''; by revising ``Bean, forage'' and ``Bean, hay''; and by
alphabetically adding ``Beans'' and ``Peas (except field peas)'' to
read as follows:
Sec. 180.361 Pendimethalin; tolerances for residues.
(a) General. * * *
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Commodity Parts per million
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* * * * *
Beans................................................ 0.10
Beans, forage........................................ 0.10
Beans, hay........................................... 0.10
* * * * *
Peas (except field peas)............................. 0.10
* * * * *
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* * * * *
[FR Doc. E7-22354 Filed 11-15-07; 8:45 am]
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