Spiromesifen; Pesticide Tolerance; Technical Correction, 43283-43284 [05-14865]

Download as PDF Federal Register / Vol. 70, No. 143 / Wednesday, July 27, 2005 / Rules and Regulations Safety Information Bulletins, or actual notice from on scene security assets enforcing the security zone. (c) Regulations. During enforcement of the security zone described in paragraph (a) of this section, vessels or persons are prohibited from entering, transiting, mooring, anchoring, or loitering within the security zone unless authorized by the Captain of the Port Charleston, South Carolina or his or her designated representative. (1) Persons desiring to transit the Regulated Area may contact the Captain of the Port via VHF–FM channel 16 or by telephone at (843) 720–3240 and request permission to transit the security zone. (2) If permission to transit the security zone is granted, all persons and vessels must comply with the instructions of the Captain of the Port or his or her designated representative. Dated: June 1, 2005. John E. Cameron, Captain,U.S. Coast Guard, Captain of the Port, Charleston, South Carolina. [FR Doc. 05–14857 Filed 7–26–05; 8:45 am] BILLING CODE 4910–15–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 180 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 http://www.epa.gov/edocket/, 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 E-CFR Beta Site Two at http:// www.gpoaccess.gov/ecfr/. II. What Does this Correction Do? FR Doc. 05–8120 published in the Federal Register ofApril 27, 2005 (70 FR 21631) (FRL–7705–1) is being corrected to clarify errors that were made to the tables of tolerances for § 180.607. The tolerances for corn, sugar beet, and wheat were affected. Also, the table for indirect tolerances was moved from paragraph (a)(2) to paragraph (d). [OPP–2005–0046; FRL–7727–7] III. Why is this Correction Issued as a Final Rule? Spiromesifen; Pesticide Tolerance; Technical Correction 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 correcting language that was inadvertently mistyped in the previously published final rule. The correct text was present in the Supplemental Information Section of the April 27, 2005 final rule but mistyped in the tolerance table. EPA finds that this constitutes good cause under 5 U.S.C. 553(b)(B). Environmental Protection Agency (EPA). ACTION: Final rule; technical correction. AGENCY: SUMMARY: EPA issued a final rule in the Federal Register of April 27, 2005, concerning tolerances for spiromesifen. This document is being issued to correct typographical errors regarding corn, sugar beet, and wheat tolerances in the tables of tolerances for 40 CFR Chapter I Part 180.607. DATES: This final rule is effective on July 27, 2005. ADRESSES: Follow the detailed instructions as provided under ADDRESSES in the Federal Register document of April 27, 2005. FOR FURTHER INFORMATION CONTACT: Thomas Harris, Registration Division (7505C), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460–0001; telephone number: (703) 308–9423; e-mail address: Harris.Thomas@epa.gov. SUPPLEMENTARY INFORMATION: VerDate jul<14>2003 18:34 Jul 26, 2005 Jkt 205001 IV. Do Any of the Statutory and Executive Order Reviews Apply to this Action? The applicable statutory and Executive Order reviews were included in the April 27, 2005 Federal Register document. This document is a technical PO 00000 Frm 00025 Fmt 4700 Sfmt 4700 43283 correction and as such no new review requirements are applicable. 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 record keeping requirements. Dated: July 19, 2005. James Jones, Director, Office of Pesticide Programs. Therefore, 40 CFR part 180 is amended as follows: I PART 180—AMENDED 1. The authority citation for part 180 continues to read as follows: I Authority: 21 U.S.C. 321(q), 346a and 371. 2. Section 180.607 is revised to read as follows: I § 180.607 Spiromesifen; tolerances for residues. (a) General. (1) Tolerances are established for the combined residues of spiromesifen (2-oxo-3-(2,4,6trimethylphenyl)-1-oxaspiro[4.4]non-3en-4-yl 3,3-dimethylbutanoate) and its enol metabolite (4-hydroxy-3-(2,4,6trimethylphenyl)-1-oxaspiro[4.4]non-3en-2-one), calculated as the parent compound equivalents in or on the following primary crop commodities: Commodity Corn, field, forage ........... Corn, field, grain ............. Corn, field, stover ........... Cotton, gin byproducts ... Cotton, undelinted seed Strawberry ...................... Tomato, paste ................. Vegetable, brassica, head and stem, subgroup 5A ..................... E:\FR\FM\27JYR1.SGM 27JYR1 Parts per million 3.0 0.02 5.0 15 0.50 2.0 0.60 2.0 43284 Federal Register / Vol. 70, No. 143 / Wednesday, July 27, 2005 / Rules and Regulations Commodity through Friday, excluding legal holidays. The docket telephone number Wheat, straw ................... 0.25 is (703) 305–5805. FOR FURTHER INFORMATION CONTACT: 12 [FR Doc. 05–14865 Filed 7–26–05; 8:45 am] Andrew Ertman, Registration Division (7505C), Office of Pesticide Programs, 0.10 BILLING CODE 6560–50–S Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, 0.30 ENVIRONMENTAL PROTECTION DC 20460–0001; telephone 12 AGENCY number:(703) 308–9367; e-mail address: Sec-18-Mailbox@epa.gov. 0.02 40 CFR Part 180 SUPPLEMENTARY INFORMATION: Parts per million Vegetable, brassica, leafy greens, subgroup 5B ................................ Vegetable, cucurbit, group 9 ........................ Vegetable, fruiting, group 8 .................................. Vegetable, leafy greens, subgroup 4A ................ Vegetable, tuberous and corm, subgroup 1C ..... (2) Tolerances are established for the combined residues of spiromesifen (2oxo-3-(2,4,6-trimethylphenyl)-1oxaspiro[4.4]non-3-en-4-yl 3,3dimethylbutanoate), and its metabolites containing the enol (4-hydroxy-3-(2,4,6trimethylphenyl)-1-oxaspiro[4.4]non-3en-2-one) and 4-hydroxymethyl (4hydroxy-3-[4-(hydroxymethyl)-2,6dimethylphenyl]-1-oxaspiro[4.4]non-3en-2-one) moieties, calculated as the parent compound equivalents in the following livestock commodities: Commodity Parts per million Cattle, fat ........................ Cattle, meat byproducts Goat, fat .......................... Goat, meat byproducts ... Horse, fat ........................ Horse, meat byproducts Milk, fat ........................... Sheep, fat ....................... Sheep, meat byproducts 0.05 0.05 0.05 0.05 0.05 0.05 0.10 0.05 0.05 (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. [Reserved] (d) Indirect or inadvertent residues. Tolerances are established for the inadvertent or indirect combined residues of spiromesifen (2-oxo-3-(2,4,6trimethylphenyl)-1- oxaspiro[4.4]non-3en-4-yl 3,3-dimethylbutanoate), its enol metabolite (4-hydroxy-3-(2,4,6trimethylphenyl)-1-oxaspiro[4.4]non-3en-2-one), and its metabolites containing the 4-hydroxymethyl moiety (4-hydroxy-3-[4-(hydroxymethyl)-2,6dimethylphenyl]-1-oxaspiro[4.4]non-3en-2-one), calculated as the parent compound equivalents in the following rotational crop commodities: Commodity Parts per million Alfalfa, forage ................. Alfalfa, hay ...................... Barley, grain ................... Barley, hay ...................... Barley, straw ................... Beet, sugar, roots ........... Beet, sugar, tops ............ Wheat, forage ................. Wheat, grain ................... Wheat, hay ..................... VerDate jul<14>2003 18:34 Jul 26, 2005 1.5 3.0 0.03 0.25 0.15 0.03 0.20 0.20 0.03 0.15 Jkt 205001 Commodity Parts per million [OPP–2005–0196; FRL–7727–1] I. General Information Propiconazole; Pesticide Tolerances for Emergency Exemptions Environmental Protection Agency (EPA). ACTION: Final rule. AGENCY: SUMMARY: This regulation establishes time-limited tolerances for combined residues of propiconazole 1-[[2-2,4dichlorophenyl)-4-propyl-1,3-dioxolan2-yl]methyl]-1H-1,2,4-triazole and its metabolites determined as 2,4dichlorobenzoic acid and expressed as parent in or on soybean, soybean forage, and soybean hay. This action is in response to EPA’s granting of an emergency exemption under section 18 of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) authorizing use of the pesticide on soybeans. This regulation establishes maximum permissible levels for residues of propiconazole in these food commodities. The tolerances will expire and are revoked on December 31, 2009. DATES: This regulation is effective July 27, 2005. Objections and requests for hearings must be received on or before September 26, 2005. ADDRESSES: To submit a written objection or hearing request follow the detailed instructions as provided in Unit VII. of the SUPPLEMENTARY INFORMATION. EPA has established a docket for this action under Docket identification (ID) number OPP–2005– 0196. 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, 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 PO 00000 Frm 00026 Fmt 4700 Sfmt 4700 A. Does this Action Apply to Me? You may be potentially affected by this action if you are an agricultural producer, food manufacturer, or pesticide manufacturer. Potentially affected entities may include, but are not limited to: • Crop production (NAICS code 111) • Animal production (NAICS code 112) • Food manufacturing (NAICS code 311) • Pesticide manufacturing (NAICS code 32532) This listing is not intended to be exhaustive, but rather provides a guide for readers regarding entities likely to be affected by this action. Other types of entities not listed in this unit could also be affected. The North American Industrial Classification System (NAICS) codes have been provided to assist you and others in determining whether this action might apply to certain entities. If you have any 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 using EDOCKET (http://www.epa.gov/edocket/), 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 on E-CFR Beta Site Two at http:// www.gpoaccess.gov/ecfr/. II. Background and Statutory Findings EPA, on its own initiative, in accordance with sections 408(e) and 408 (l)(6) of the Federal Food, Drug, and Cosmetic Act (FFDCA), 21 U.S.C. 346a, is establishing a tolerance for combined residues of the fungicide propiconazole 1-[[2-2,4-dichlorophenyl)-4-propyl-1,3dioxolan-2-yl]methyl]-1H-1,2,4-triazole and its metabolites determined as 2,4- E:\FR\FM\27JYR1.SGM 27JYR1

Agencies

[Federal Register Volume 70, Number 143 (Wednesday, July 27, 2005)]
[Rules and Regulations]
[Pages 43283-43284]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-14865]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[OPP-2005-0046; FRL-7727-7]


Spiromesifen; Pesticide Tolerance; Technical Correction

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule; technical correction.

-----------------------------------------------------------------------

SUMMARY: EPA issued a final rule in the Federal Register of April 27, 
2005, concerning tolerances for spiromesifen. This document is being 
issued to correct typographical errors regarding corn, sugar beet, and 
wheat tolerances in the tables of tolerances for 40 CFR Chapter I Part 
180.607.

DATES: This final rule is effective on July 27, 2005.

ADRESSES: Follow the detailed instructions as provided under ADDRESSES 
in the Federal Register document of April 27, 2005.

FOR FURTHER INFORMATION CONTACT: Thomas Harris, Registration Division 
(7505C), Office of Pesticide Programs, Environmental Protection Agency, 
1200 Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone 
number: (703) 308-9423; e-mail address: Harris.Thomas@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 http://www.epa.gov/edocket/, 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 E-CFR Beta Site Two at http://
www.gpoaccess.gov/ecfr/.

II. What Does this Correction Do?

    FR Doc. 05-8120 published in the Federal Register ofApril 27, 2005 
(70 FR 21631) (FRL-7705-1) is being corrected to clarify errors that 
were made to the tables of tolerances for Sec.  180.607. The tolerances 
for corn, sugar beet, and wheat were affected. Also, the table for 
indirect tolerances was moved from paragraph (a)(2) to paragraph (d).

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 correcting language that was inadvertently 
mistyped in the previously published final rule. The correct text was 
present in the Supplemental Information Section of the April 27, 2005 
final rule but mistyped in the tolerance table. 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?

    The applicable statutory and Executive Order reviews were included 
in the April 27, 2005 Federal Register document. This document is a 
technical correction and as such no new review requirements are 
applicable.

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 record 
keeping requirements.

    Dated: July 19, 2005.
James Jones,
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.


0
2. Section 180.607 is revised to read as follows:


Sec.  180.607  Spiromesifen; tolerances for residues.

    (a) General. (1) Tolerances are established for the combined 
residues of spiromesifen (2-oxo-3-(2,4,6-trimethylphenyl)-1-
oxaspiro[4.4]non-3-en-4-yl 3,3-dimethylbutanoate) and its enol 
metabolite (4-hydroxy-3-(2,4,6-trimethylphenyl)-1-oxaspiro[4.4]non-3-
en-2-one), calculated as the parent compound equivalents in or on the 
following primary crop commodities:

------------------------------------------------------------------------
                      Commodity                        Parts per million
------------------------------------------------------------------------
Corn, field, forage..................................                3.0
Corn, field, grain...................................               0.02
Corn, field, stover..................................                5.0
Cotton, gin byproducts...............................                 15
Cotton, undelinted seed..............................               0.50
Strawberry...........................................                2.0
Tomato, paste........................................               0.60
Vegetable, brassica, head and stem, subgroup 5A......                2.0

[[Page 43284]]

 
Vegetable, brassica, leafy greens, subgroup 5B.......                 12
Vegetable, cucurbit, group 9.........................               0.10
Vegetable, fruiting, group 8.........................               0.30
Vegetable, leafy greens, subgroup 4A.................                 12
Vegetable, tuberous and corm, subgroup 1C............               0.02
------------------------------------------------------------------------

    (2) Tolerances are established for the combined residues of 
spiromesifen (2-oxo-3-(2,4,6-trimethylphenyl)-1-oxaspiro[4.4]non-3-en-
4-yl 3,3-dimethylbutanoate), and its metabolites containing the enol 
(4-hydroxy-3-(2,4,6-trimethylphenyl)-1-oxaspiro[4.4]non-3-en-2-one) and 
4-hydroxymethyl (4-hydroxy-3-[4-(hydroxymethyl)-2,6-dimethylphenyl]-1-
oxaspiro[4.4]non-3-en-2-one) moieties, calculated as the parent 
compound equivalents in the following livestock commodities:

------------------------------------------------------------------------
                      Commodity                        Parts per million
------------------------------------------------------------------------
Cattle, fat..........................................               0.05
Cattle, meat byproducts..............................               0.05
Goat, fat............................................               0.05
Goat, meat byproducts................................               0.05
Horse, fat...........................................               0.05
Horse, meat byproducts...............................               0.05
Milk, fat............................................               0.10
Sheep, fat...........................................               0.05
Sheep, meat byproducts...............................               0.05
------------------------------------------------------------------------

    (b) Section 18 emergency exemptions. [Reserved]
    (c) Tolerances with regional registrations. [Reserved]
    (d) Indirect or inadvertent residues. Tolerances are established 
for the inadvertent or indirect combined residues of spiromesifen (2-
oxo-3-(2,4,6-trimethylphenyl)-1- oxaspiro[4.4]non-3-en-4-yl 3,3-
dimethylbutanoate), its enol metabolite (4-hydroxy-3-(2,4,6-
trimethylphenyl)-1-oxaspiro[4.4]non-3-en-2-one), and its metabolites 
containing the 4-hydroxymethyl moiety (4-hydroxy-3-[4-(hydroxymethyl)-
2,6-dimethylphenyl]-1-oxaspiro[4.4]non-3-en-2-one), calculated as the 
parent compound equivalents in the following rotational crop 
commodities:

------------------------------------------------------------------------
                      Commodity                        Parts per million
------------------------------------------------------------------------
Alfalfa, forage......................................                1.5
Alfalfa, hay.........................................                3.0
Barley, grain........................................               0.03
Barley, hay..........................................               0.25
Barley, straw........................................               0.15
Beet, sugar, roots...................................               0.03
Beet, sugar, tops....................................               0.20
Wheat, forage........................................               0.20
Wheat, grain.........................................               0.03
Wheat, hay...........................................               0.15
Wheat, straw.........................................               0.25
------------------------------------------------------------------------


[FR Doc. 05-14865 Filed 7-26-05; 8:45 am]
BILLING CODE 6560-50-S