Two Isopropylamine Salts of Alkyl C4, 41617-41619 [05-13979]
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Federal Register / Vol. 70, No. 138 / Wednesday, July 20, 2005 / Rules and Regulations
obligations, are within the field
foreclosed from regulation by the States.
(See the decision of the Supreme Court
in the consolidated cases of United
States v. Locke and Intertanko v. Locke,
529 U.S. 89, 120 S.Ct. 1135 (March 6,
2000)). This rule suspending previously
published rules on performance
standards and use of TLPM devices falls
into the category of vessel equipment
and operation. Because the States may
not regulate within these categories,
preemption under Executive Order
13132 is not an issue.
Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires
Federal agencies to assess the effects of
their discretionary regulatory actions. In
particular, the Act addresses actions
that may result in the expenditure by a
State, local, or tribal government, in the
aggregate, or by the private sector of
$100,000,000 or more in any one year.
Though this rule will not result in such
an expenditure, we do discuss the
effects of this rule elsewhere in the
preamble.
Taking of Private Property
This rule will not affect a taking of
private property or otherwise have
taking implications under Executive
Order 12630, Governmental Actions and
Interference with Constitutionally
Protected Property Rights.
Civil Justice Reform
This rule meets applicable standards
in sections 3(a) and 3(b)(2) of Executive
Order 12988, Civil Justice Reform, to
minimize litigation, eliminate
ambiguity, and reduce burden.
Protection of Children
We have analyzed this rule under
Executive Order 13045, Protection of
Children from Environmental Health
Risks and Safety Risks. This rule is not
an economically significant rule and
does not create an environmental risk to
health or risk to safety that may
disproportionately affect children.
Indian Tribal Governments
This rule does not have tribal
implications under Executive Order
13175, Consultation and Coordination
with Indian Tribal Governments,
because it does not have a substantial
direct effect on one or more Indian
tribes, 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.
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41617
Energy Effects
33 CFR Part 156
We have analyzed this rule under
Executive Order 13211, Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use. We have
determined that it is not a ‘‘significant
energy action’’ under that order. This
rule is not likely to have a significant
adverse effect on the supply,
distribution, or use of energy. It has not
been designated by the Administrator of
the Office of Information and Regulatory
Affairs as a significant energy action.
Hazardous substances, Oil pollution,
Reporting and recordkeeping
requirements, Water pollution control.
Technical Standards
The National Technology Transfer
and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use
voluntary consensus standards in their
regulatory activities unless the agency
provides Congress, through the Office of
Management and Budget, with an
explanation of why using these
standards would be inconsistent with
the applicable law or otherwise
impractical. Voluntary consensus
standards are technical standards (e.g.,
specifications of materials, performance,
design, or operation: test methods;
sampling procedures; and related
management systems practices) that are
developed or adopted by voluntary
consensus standards bodies.
This rule does not use technical
standards. Therefore, we did not
consider the use of voluntary consensus
standards.
Environment
We have analyzed this rule under
Commandant Instruction M16475.1D,
which guides the Coast Guard in
complying with the National
Environmental Policy Act of 1969
(NEPA) (42 U.S.C. 4321–4370f), and we
have concluded that there are no factors
in this case that would limit the use of
a categorical exclusion under section
2.B.2 of the Instruction. Therefore, this
rule is categorically excluded, under
figure 2–1 paragraph (34) of the
Instruction, from further environmental
documentation. A final ‘‘Environmental
Analysis Check List’’ and a final
‘‘Categorical Exclusion Determination’’
are available in the docket where
indicated under ADRESSSES.
For the reasons discussed in the
preamble, the Coast Guard is amending
33 CFR parts 155 and 156 as follows:
I
PART 155—OIL OR HAZARDOUS
MATERIAL POLLUTION PREVENTION
REGULATIONS FOR VESSELS
1. The authority citation for 33 CFR
part 155 and the note following citation
continue to read as follows:
I
Authority: 33 U.S.C. 1231, 1321(j); E.O.
11735, 3 CFR, 1971–1975 Comp., p. 793.
Sections 155.100 through 155.130, 150.350
through 155.400, 155.430, 155.440, 155.470,
155.1030(j) and (k), and 155.1065(g) are also
issued under 33 U.S.C. 1903(b). Sections
155.480, 155.490, 155.750(e), and 155.775 are
also issued under 46 U.S.C. 3703. Section
155.490 also issued under section 4110(b) of
Pub. L. 101–380.
Note: Additional requirements for vessels
carrying oil or hazardous materials are
contained in 46 CFR parts 30 through 40,
150, 151, and 153.
§ 155.200
2. In § 155.200, suspend the definition
for ‘‘Sea State 5’’ from August 19, 2005
until July 21, 2008.
I
§ 155.490
3. Section 155.490 is suspended from
August 19, 2005 until July 21, 2008.
I
PART 156—OIL AND HAZARDOUS
MATERIAL TRANSFER OPERATIONS
4. The authority citation for 33 CFR
part 156 continues to read as follows:
I
Authority: 33 U.S.C. 1231, 1321(j); 46
U.S.C. 3703a, 3715; E.O. 11735, 3 CFR 1971–
1975 Comp., p. 793. Section 156.120(bb) and
(ee) are also issued under 46 U.S.C. 3703.
§ 156.120
Dated: July 12, 2005.
Thomas H. Collins,
Admiral, U.S. Coast Guard, Commandant.
[FR Doc. 05–14246 Filed 7–19–05; 8:45 am]
Alaska, Hazardous substances, Oil
pollution, Reporting and recordkeeping
requirements.
Fmt 4700
[Amended]
I 5. In §156.120, suspend paragraph (ee)
from August 19, 2005 until July 21, 2008.
33 CFR Part 155
Frm 00013
[Suspended]
BILLING CODE 4910–15–P
List of Subjects
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[Amended]
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Federal Register / Vol. 70, No. 138 / Wednesday, July 20, 2005 / Rules and Regulations
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 180
[OPP–2005–0115; FRL–7725–1]
Two Isopropylamine Salts of Alkyl C4
and Alkyl C8-10 Ethoxyphosphate
Esters; Exemption from the
Requirement of a Tolerance; Technical
Correction
Environmental Protection
Agency (EPA).
ACTION: Final rule; technical correction.
AGENCY:
SUMMARY: EPA issued a final rule in the
Federal Register of June 1, 2005,
establishing two tolerance exemptions
for two isopropylamine salts. This
document is being issued to correct the
CAS Reg. No. for one of those salts, 2propanamine, compound with aphosphono-w-butoxypoly (oxy-1,2ethanediyl) (2:1).
DATES: This final rule is effective on July
20, 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
https://www.epa.gov/edocket/, you may
access this Federal Register document
electronically through the EPA Internet
under the ‘‘Federal Register’’ listings at
https://www.epa.gov/fedrgstr/. A
frequently updated electronic version of
40 CFR part 180 is available at E-CFR
Beta Site Two at https://
www.gpoaccess.gov/ecfr/.
II. What Does this Correction Do?
A tolerance exemption for 2propanamine, compound with a-
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Jkt 205001
phosphono-w-butoxypoly (oxy-1,2ethanediyl) (2:1) was established in the
Federal Register of June 1, 2005, (70 FR
31365) (FRL–7712–1). In that document
the CAS Registration No. (CAS Reg. No.)
in the tolerance exemption expression
and in the preamble was incorrectly
listed as 43140–31–2. The valid CAS
Reg. No. should be 431040–31–2.
The CAS Reg. No. now appearing as
‘‘43140–31–2’’ is corrected to read
‘‘431040–31–2’’ on the following pages
of the preamble of the final rule
published on June 1, 2005 (FR Doc. 05–
10845):
1. On page 31365, in the third
column, under Unit II., in the second
paragraph, in the eighth line.
2. On page 31368, in the first column,
under Unit VIII., seventh line from the
bottom.
3. On page 31368, in the second
column, under Unit X., in the sixth line.
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 EPA
is merely correcting a typographical
error in a previously-published final
rule in the Chemical Abstracts Service
(CAS) numerical designation for a
chemical.
A chemical can be described by more
than one name. But, the CAS Reg No. is
the most unique identifier for a
chemical substance. CAS Reg. Nos. are
assigned by a specific set of procedures
which allow for a verification check.
(See https://www.cas.org/EO/
checkdig.html). A CAS Reg. No. in
which a zero was inadvertently left out
fails the verification procedure, and
thus is not recognized as a valid
identifier.
The CAS Reg No. given in these
actions had a typographical error but
should not have been a source of
confusion since the typographical error
resulted in the CAS Reg. No. being
invalid not in it identifying a different
chemical. Moreover, the text of the
preamble in the final rule clearly
identified the chemical by its correct
chemical nomenclature.
Notice and public procedures are
unnecessary for such a minor change.
PO 00000
Frm 00014
Fmt 4700
Sfmt 4700
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).
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
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41619
Federal Register / Vol. 70, No. 138 / Wednesday, July 20, 2005 / Rules and Regulations
responsibilities among the various
levels of government, as specified in
Executive Order 13132, entitled
Federalism (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.
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, 2005.
Betty Shackleford,
Acting Director, Registration Division, Office
of Pesticide Programs.
Therefore, 40 CFR part 180 is amended
as follows:
I
V. Congressional Review Act
PART 180—[AMENDED]
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
I
Inert ingredients
*
Not more than 15% in the formulated product.
Authority: 21 U.S.C. 321(q), 346a and 371.
2. In § 180.920, by revising the entry
for 2-Propanamine, compound with aphosphono-w-butoxypoly (oxy-1,2ethanediyl) (2:1), in the table, to read as
follows:
I
§ 180.920 Inert ingredients used preharvest; exemptions from the requirement
of a tolerance.
*
*
*
*
Limits
*
*
*
2-Propanamine, compound with a-phosphono-wbutoxypoly (oxy-1,2-ethanediyl) (2:1). (CAS Reg.
No. 431040–31–2).
1. The authority citation for part 180
continues to read as follows:
*
*
*
[FR Doc. 05–13979 Filed 7–19–05; 8:45 am]
BILLING CODE 6560–50–S
*
Uses
*
Surfactant
(FFDCA), as amended by the Food
Quality Protection Act of 1996 (FQPA).
This regulation is effective July
20, 2005. Objections and requests for
hearings must be received on or before
September 19, 2005.
40 CFR Part 180
[OPP–2005–0170; FRL–7723–3]
Etoxazole; Pesticide Tolerance
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
SUMMARY: This regulation establishes a
tolerance for residues of etoxazole in or
on grapes and tree nuts, including
pistachios. Valent U.S.A. Corporation
requested this tolerance under the
Federal Food, Drug, and Cosmetic Act
VerDate jul<14>2003
14:19 Jul 19, 2005
To submit a written
objection or hearing request follow the
detailed instructions as provided in
Unit VI. of the SUPPLEMENTARY
INFORMATION. EPA has established a
docket for this action under docket
identification (ID) number OPP–2005–
0170. All documents in the docket are
listed in the EDOCKET index at http:/
/www.epa.gov/edocket. Although listed
in the index, some information is not
publicly available, i.e., CBI or other
information whose disclosure is
restricted by statute. Certain other
material, such as copyrighted material,
ADDRESSES:
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*
*
*
*
DATES:
ENVIRONMENTAL PROTECTION
AGENCY
*
*
is not placed on the Internet and will be
publicly available only in hard copy
form. Publicly available docket
materials are available either
electronically in EDOCKET or in hard
copy at the Public Information and
Records Integrity Branch (PIRIB), Rm.
119, Crystal Mall #2, 1801 S. Bell St.,
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.
FOR FURTHER INFORMATION CONTACT:
Kable Davis, Registration Division
(7505C), Office of Pesticide Programs,
Environmental Protection Agency, 1200
Pennsylvania Ave., NW., Washington,
DC 20460–0001; telephone number:
(703) 306–0415; e-mail address:
davis.kable@epa.gov.
E:\FR\FM\20JYR1.SGM
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Agencies
[Federal Register Volume 70, Number 138 (Wednesday, July 20, 2005)]
[Rules and Regulations]
[Pages 41617-41619]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-13979]
[[Page 41618]]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 180
[OPP-2005-0115; FRL-7725-1]
Two Isopropylamine Salts of Alkyl C4 and Alkyl
C8-10 Ethoxyphosphate Esters; Exemption from the Requirement
of a Tolerance; Technical Correction
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule; technical correction.
-----------------------------------------------------------------------
SUMMARY: EPA issued a final rule in the Federal Register of June 1,
2005, establishing two tolerance exemptions for two isopropylamine
salts. This document is being issued to correct the CAS Reg. No. for
one of those salts, 2-propanamine, compound with [alpha]-phosphono-
[omega]-butoxypoly (oxy-1,2-ethanediyl) (2:1).
DATES: This final rule is effective on July 20, 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 https://www.epa.gov/edocket/, you
may access this Federal Register document electronically through the
EPA Internet under the ``Federal Register'' listings at https://
www.epa.gov/fedrgstr/. A frequently updated electronic version of 40
CFR part 180 is available at E-CFR Beta Site Two at https://
www.gpoaccess.gov/ecfr/.
II. What Does this Correction Do?
A tolerance exemption for 2-propanamine, compound with [alpha]-
phosphono-[omega]-butoxypoly (oxy-1,2-ethanediyl) (2:1) was established
in the Federal Register of June 1, 2005, (70 FR 31365) (FRL-7712-1). In
that document the CAS Registration No. (CAS Reg. No.) in the tolerance
exemption expression and in the preamble was incorrectly listed as
43140-31-2. The valid CAS Reg. No. should be 431040-31-2.
The CAS Reg. No. now appearing as ``43140-31-2'' is corrected to
read ``431040-31-2'' on the following pages of the preamble of the
final rule published on June 1, 2005 (FR Doc. 05-10845):
1. On page 31365, in the third column, under Unit II., in the
second paragraph, in the eighth line.
2. On page 31368, in the first column, under Unit VIII., seventh
line from the bottom.
3. On page 31368, in the second column, under Unit X., in the sixth
line.
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 EPA is merely correcting a typographical error in a previously-
published final rule in the Chemical Abstracts Service (CAS) numerical
designation for a chemical.
A chemical can be described by more than one name. But, the CAS Reg
No. is the most unique identifier for a chemical substance. CAS Reg.
Nos. are assigned by a specific set of procedures which allow for a
verification check. (See https://www.cas.org/EO/checkdig.html). A CAS
Reg. No. in which a zero was inadvertently left out fails the
verification procedure, and thus is not recognized as a valid
identifier.
The CAS Reg No. given in these actions had a typographical error
but should not have been a source of confusion since the typographical
error resulted in the CAS Reg. No. being invalid not in it identifying
a different chemical. Moreover, the text of the preamble in the final
rule clearly identified the chemical by its correct chemical
nomenclature.
Notice and public procedures are unnecessary for such a minor
change. 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).
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
[[Page 41619]]
responsibilities among the various levels of government, as specified
in Executive Order 13132, entitled Federalism (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: July 8, 2005.
Betty Shackleford,
Acting Director, Registration Division, Office of Pesticide Programs.
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Therefore, 40 CFR part 180 is amended as follows:
PART 180--[AMENDED]
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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. In Sec. 180.920, by revising the entry for 2-Propanamine, compound
with [alpha]-phosphono-[omega]-butoxypoly (oxy-1,2-ethanediyl) (2:1),
in the table, to read as follows:
Sec. 180.920 Inert ingredients used pre-harvest; exemptions from the
requirement of a tolerance.
* * * * *
------------------------------------------------------------------------
Inert ingredients Limits Uses
------------------------------------------------------------------------
* * * * * * *
2-Propanamine, compound with Not more than Surfactant
[alpha]-phosphono-[omega]- 15% in the
butoxypoly (oxy-1,2- formulated
ethanediyl) (2:1). (CAS Reg. product.
No. 431040-31-2).
* * * * * * *
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[FR Doc. 05-13979 Filed 7-19-05; 8:45 am]
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