Imidacloprid; Pesticide Tolerance Technical Correction, 39211-39213 [E6-10860]
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Federal Register / Vol. 71, No. 133 / Wednesday, July 12, 2006 / Rules and Regulations
§ 157.208 Dedicated Clean Ballast Tanks
Operations Manual for foreign tank vessels:
Submission.
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*
(Reporting and Recordkeeping requirements
approved by the Office of Management and
Budget under control number 1625–0036)
69. Revise the parenthetical at the end
of § 157.214 to read as follows:
I
§ 157.214
vessels.
Required documents: U.S. tank
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*
*
*
*
(Reporting and Recordkeeping requirements
approved by the Office of Management and
Budget under control number 1625–0036)
70. Revise the parenthetical at the end
of § 157.216 to read as follows:
I
§ 157.216 Required documents: Foreign
tank vessels.
*
*
*
*
*
(Reporting and Recordkeeping requirements
approved by the Office of Management and
Budget under control number 1625–0036)
PART 160—PORTS AND WATERWAYS
SAFETY—GENERAL
71. The authority citation for part 160
continues to read as follows:
I
Authority: 33 U.S.C. 1223, 1231; 46 U.S.C.
Chapter 701; Department of Homeland
Security Delegation No. 0170.1. Subpart C is
also issued under the authority of 33 U.S.C.
1225 and 46 U.S.C. 3715.
72. In § 160.7—
a. Redesignate paragraphs (c) and (d)
as paragraphs (d) and (e);
I b. Amend paragraph (b) by removing
the reference ‘‘paragraph (d) of this
section’’, and adding a reference
‘‘paragraph (e) of this section’’ in its
place;
I c. Add a new paragraph (c); and
I d. Revise newly designated paragraph
(d); as follows:
I
I
§ 160.7
Appeals.
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(c) Any person directly affected by the
establishment of a safety zone or by an
order or direction issued by, or on
behalf of, a District Commander may
appeal to the Area Commander through
the District Commander. The appeal
must be in writing, except as allowed
under paragraph (e) of this section, and
shall contain complete supporting
documentation and evidence which the
appellant wishes to have considered.
Upon receipt of the appeal, the Area
Commander may direct a representative
to gather and submit documentation or
other evidence which would be
necessary or helpful to a resolution of
the appeal. A copy of this
documentation and evidence is made
VerDate Aug<31>2005
16:27 Jul 11, 2006
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available to the appellant. The appellant
is afforded five working days from the
date of receipt to submit rebuttal
materials. Following submission of all
materials, the Area Commander issues a
ruling, in writing, on the appeal. Prior
to issuing the ruling, the Area
Commander may, as a matter of
discretion, allow oral presentation on
the issues.
(d) Any person directly affected by
the establishment of a safety zone or by
an order or direction issued by an Area
Commander, or who receives an
unfavorable ruling on an appeal taken
under paragraph (b) of this section, may
appeal through the Area Commander to
the Assistant Commandant for Marine
Safety, Security and Environmental
Protection, U.S. Coast Guard,
Washington, DC 20593. The appeal
must be in writing, except as allowed
under paragraph (e) of this section. The
Area Commander forwards the appeal,
all the documents and evidence which
formed the record upon which the order
or direction was issued or the ruling
under paragraph (b) of this section was
made, and any comments which might
be relevant, to the Assistant
Commandant for Marine Safety,
Security and Environmental Protection.
A copy of this documentation and
evidence is made available to the
appellant. The appellant is afforded five
working days from the date of receipt to
submit rebuttal materials to the
Assistant Commandant for Marine
Safety, Security and Environmental
Protection. The decision of the Assistant
Commandant for Marine Safety,
Security and Environmental Protection
is based upon the materials submitted,
without oral argument or presentation.
The decision of the Assistant
Commandant for Marine Safety,
Security and Environmental Protection
is issued in writing and constitutes final
agency action.
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PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
PART 164—NAVIGATION SAFETY
REGULATIONS
[EPA–HQ–OPP–2006–0053;FRL–8073–3]
73. The authority citation for part 164
continues to read as follows:
I
Authority: 33 U.S.C. 1222(5), 1223, 1231;
46 U.S.C. 2103, 3703; Department of
Homeland Security Delegation No. 0170.1
(75). Sec. 164.13 also issued under 46 U.S.C.
8502. Sec. 164.61 also issued under 46 U.S.C.
6101.
§ 164.15
[Amended]
74. In § 164.15, paragraph(a)(1),
remove the word ‘‘hip’’ and add, in its
place ‘‘ship’’.
I
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75. The authority citation for part 165
continues to read as follows:
I
Authority: 33 U.S.C. 1226, 1231; 46 U.S.C.
Chapter 701; 50 U.S.C. 191, 195; 33 CFR
1.05–1(g), 6.04–1, 6.04–6, and 160.5; Public
Law 107–295, 116 Stat. 2064; Department of
Homeland Security Delegation No. 0170.1.
76. In § 165.5, remove the
parenthetical after paragraph (b)(6) and
add a new parenthetical at the end of
the section to read as follows:
I
§ 165.5
*
Establishment procedures.
*
*
*
*
(Requests for safety zones, security zones,
and regulated navigation areas are approved
by the Office of Management and Budget
under control number 1625–0020)
77. Revise § 165.501 (d)(9)(iv) as set
out below:
I
§ 165.501 Chesapeake Bay entrance and
Hampton Roads, VA and adjacent waters—
Regulated Navigation Area.
*
*
*
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*
(d) * * *
(9) * * *
(iv) The designated representative of
the Captain of the Port is the Sector
Command Center (SCC)—Joint Harbor
Operations Center (JHOC) which shall
be contacted on VHF–FM channel 12, or
by calling (757) 668–5555.
*
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Dated: July 6, 2006.
Stefan G. Venckus,
Chief, Office of Regulations and
Administrative Law, United States Coast
Guard.
[FR Doc. E6–10890 Filed 7–11–06; 8:45 am]
BILLING CODE 4910–15–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 180
Imidacloprid; Pesticide Tolerance
Technical Correction
Environmental Protection
Agency (EPA).
ACTION: Final rule; technical correction.
AGENCY:
SUMMARY: EPA issued a final rule in the
Federal Register of March 22, 2006,
concerning the establishment of
pesticide tolerances for combined
residues of imidacloprid on oats and
rye. This document is being issued to
correct a typographical error and a
typographical omission.
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Federal Register / Vol. 71, No. 133 / Wednesday, July 12, 2006 / Rules and Regulations
This final rule is effective on July
12, 2006.
ADDRESSES: EPA has established a
docket for this action under docket
identification (ID) number EPA–HQ–
OPP–2006–0053. All documents in the
docket are listed in the index for the
docket. 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 in the electronic docket at
https://www.regulations.gov, or, if only
available in hard copy, at the OPP
Regulatory Public Docket in Rm. S–
4400, One Potomac Yard (South
Building), 2777 S. Crystal Drive,
Arlington, VA. The Docket Facility is
open from 8:30 a.m. to 4 p.m., Monday
through Friday, excluding legal
holidays. The telephone number for the
Docket Facility is (703) 305–5805.
FOR FURTHER INFORMATION CONTACT:
Meredith Laws, Registration Division
(7505P), Office of Pesticide Programs,
Environmental Protection Agency, 1200
Pennsylvania Ave., NW., Washington,
DC 20460–0001; telephone number:
(703) 308–7038; e-mail address:
laws.meredith@epa.gov.
DATES:
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
RelatedInformation?
In addition to using regulations.gov
(https://www.regulations.gov), 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/.
previously published final rule and does
not impose any new requirements.
EPA’s compliance with the statutes and
Executive Orders for the underlying rule
is discussed in Unit VII. of the March
22, 2006, final rule (71 FR 14406).
II. What Does this Correction Do?
FR Doc. 06–2712 published in the
Federal Register of March 22, 2006 (71
FR 14406) (FRL–7766–8), in the
amendment to § 180.472 is being
corrected because the table in paragraph
(a) was inadvertently published as a two
column table. The table should have
appeared as a three column table. The
omitted third column should include
the heading ‘‘Expiration/Revocation
Date’’, and the entry ‘‘None’’ to
correspond to the tolerance listed in
each row. The amendment also includes
a typographical error and lists the
established tolerance level for ‘‘Oats,
forage’’, as ‘‘a2.0’’ parts per million.
This typographical error is being
corrected as well.
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).
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 the
use of notice and comment procedures
are unnecessary to effectuate this
correction. As such, EPA finds that this
constitutes good cause under 5 U.S.C.
553(b)(B).
Environmental protection,
Administrative practice and procedure,
Agricultural commodities, Pesticides
and pests, Reporting and recordkeeping
requirements.
IV. Do Any of the Statutory and
Executive Order Reviews Apply to this
Action?
No. This action only corrects errors in
the amendatory language for a
Commodity
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Rye,
Rye,
Rye,
Rye,
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*
forage
grain
hay
straw
*
VerDate Aug<31>2005
17:07 Jul 11, 2006
List of Subjects in 40 CFR Part 180
Dated: June 28, 2006.
Donald R. Stubbs,
Acting Director, Registration Division, Office
of Pesticide Programs.
Therefore, 40 CFR part 180 is
corrected 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 180.472 is amended by
alphabetically adding commodities to
the table in paragraph (a) to read as
follows:
I
§ 180.472 Imidacloprid; tolerances for
residues.
(a) * * *
Parts per million
*
forage
grain
hay
straw
Oats,
Oats,
Oats,
Oats,
V. Congressional Review Act
Expiration/Revocation Date
*
*
*
2.0 .....................................................................
0.05 ...................................................................
6.0 .....................................................................
3.0 .....................................................................
*
*
*
2.0 .....................................................................
0.05 ...................................................................
6.0 .....................................................................
3.0 .....................................................................
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None
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Federal Register / Vol. 71, No. 133 / Wednesday, July 12, 2006 / Rules and Regulations
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[FR Doc. E6–10860 Filed 7–11–06; 8:45 am]
BILLING CODE 6560–50–S
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 281
[FRL–8195–8]
Indiana; Final Approval of State
Underground Storage Tank Program
AGENCY:
Environmental Protection
Agency.
Notice of Final Determination
on the State of Indiana’s Application for
Final Approval.
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ACTION:
SUMMARY: The State of Indiana has
applied for approval of the underground
storage tank program under Subtitle I of
the Resource Conservation and
Recovery Act (RCRA). The
Environmental Protection Agency (EPA)
has reviewed the Indiana application
and has reached a final determination
that Indiana’s underground storage tank
program satisfies all of the requirements
necessary to qualify for approval under
the regulations. Thus, the EPA is
granting final approval to the State of
Indiana to operate its Underground
Storage Tank Program for petroleum and
hazardous substances.
DATES: Effective Date: Final approval for
the State of Indiana’s Underground
Storage Tanks Program is effective on
August 11, 2006.
ADDRESSES: EPA has established a
docket for this action under Docket ID
No. EPA–R05–UST–2006–0188. All
documents in the docket are listed on
the https://www.regulations.gov Web
site. Although listed in the index, some
information is not publicly available.
e.g., 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 form. Publicly
available docket materials are available
either electronically through https://
www.regulations.gov or in hard copy at
the following addresses; Indiana
Department of Environmental
Management, File Room located on the
12th floor of the Indiana Government
Center—North, 100 North Senate
Avenue 46204, Telephone: (317) 234–
0963, Monday through Friday, 8:30 a.m.
through 4:30 p.m.; and U.S. EPA Region
5, Underground Storage Tank Section,
77 West Jackson Blvd., Chicago, Illinois
60604. This facility is open from 8:30
a.m. to 4:30 p.m., Monday through
Friday, excluding legal holidays. We
VerDate Aug<31>2005
18:11 Jul 11, 2006
Jkt 208001
recommend you telephone Sandra Siler,
Enforcement Officer, at (312) 886–0429
before visiting the Region 5 office.
FOR FURTHER INFORMATION CONTACT: Mr.
Andrew Tschampa, Chief, Underground
Storage Tank Section, U.S. EPA Region
5, DU–7J, 77 West Jackson Blvd.,
Chicago, Illinois, Telephone: (312) 886–
6136.
SUPPLEMENTARY INFORMATION:
I. Background
Section 9004 of the Resource
Conservation and Recovery Act (RCRA)
authorizes EPA to approve State
underground storage tank programs to
operate in the State in lieu of the
Federal underground storage tank (UST)
program. Program approval may be
granted by EPA pursuant to RCRA
section 9004(b), if the Agency finds that
the State program: Is ‘‘no less stringent’’
than the Federal program for the seven
elements set forth at RCRA section
9004(a)(1) through (7); includes the
notification requirements of RCRA
section 9004(a)(8); and provides for
adequate enforcement of compliance
with UST standards of RCRA section
9004(a). Note that RCRA sections 9005
(on information-gathering) and 9006 (on
Federal enforcement) by their terms
apply even in states with programs
approved by EPA under RCRA section
9004. Thus, the Agency retains its
authority under RCRA sections 9005
and 9006, 42 U.S.C. 6991d and 6991e,
and other applicable statutory and
regulatory provisions to undertake
inspections and enforcement actions in
approved states. With respect to such an
enforcement action, the Agency will
rely on Federal sanctions, Federal
inspection authorities, and Federal
procedures rather than the State
authorized analogues to these
provisions.
II. Indiana
The Indiana Department of
Environmental Management (IDEM) is
the implementing agency for
underground storage tank (UST)
activities in the State.
IDEM UST/LUST program was first
implemented in 1986 and IDEM
recently amended its technical rules,
which came into effect October 2004.
Indiana adopted UST program
regulations for petroleum and hazardous
substance underground storage tanks.
Prior to the adoption of the regulations,
Indiana solicited public comments on
the draft UST program regulations.
IDEM submitted their application for
State Program Approval (SPA) of
Indiana’s UST program to U.S. EPA by
letter dated April 5, 2005. EPA reviewed
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39213
IDEM’s application and determined it to
be complete. EPA notified IDEM in a
June 22, 2005, letter that the Indiana
application was complete. On March 22,
2006, the EPA published a tentative
decision announcing its intent to grant
Indiana final approval.
III. Decision
I conclude that the State of Indiana’s
application for final program approval
meets all of the statutory and regulatory
requirements established by Subtitle I of
RCRA. Accordingly, Indiana is granted
final approval to operate its
Underground Storage Tank Program for
petroleum and hazardous substances.
The State of Indiana now has the
responsibility for managing all regulated
underground storage tank facilities
within its border and carrying out all
aspects of the Underground Storage
Tank Program. Indiana also has primary
enforcement responsibility, although the
EPA retains the right to conduct
enforcement under section 9006 of
RCRA.
IV. Statutory and Executive Order
Reviews
This rule only applies to the Indiana
Department of Environmental
Management’s underground storage tank
program requirements pursuant to
RCRA section 9004 and imposes no
requirements other than those imposed
by State law (see SUPPLEMENTARY
INFORMATION). Therefore, this rule
complies with applicable executive
orders and statutory provisions as
follows.
1. Executive Order 12866: Regulatory
Planning Review—The Office of
Management and Budget has exempted
this rule from its review under
Executive Order (EO) 12866. 2.
Paperwork Reduction Act—This rule
does not impose an information
collection burden under the Paperwork
Reduction Act. 3. Regulatory Flexibility
Act—After considering the economic
impacts of today’s rule on small entities
under the Regulatory Flexibility Act, I
certify that this rule will not have a
significant economic impact on a
substantial number of small entities. 4.
Unfunded Mandates Reform Act—
Because this rule codifies pre-existing
requirements under State law and does
not impose any additional enforceable
duty beyond that required by State law,
it does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act.
5. Executive Order 13132: Federalism—
EO 13132 does not apply to this rule
because it will not have federalism
implications (i.e., substantial direct
E:\FR\FM\12JYR1.SGM
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]]>Agencies
[Federal Register Volume 71, Number 133 (Wednesday, July 12, 2006)]
[Rules and Regulations]
[Pages 39211-39213]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-10860]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 180
[EPA-HQ-OPP-2006-0053;FRL-8073-3]
Imidacloprid; 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 March 22,
2006, concerning the establishment of pesticide tolerances for combined
residues of imidacloprid on oats and rye. This document is being issued
to correct a typographical error and a typographical omission.
[[Page 39212]]
DATES: This final rule is effective on July 12, 2006.
ADDRESSES: EPA has established a docket for this action under docket
identification (ID) number EPA-HQ-OPP-2006-0053. All documents in the
docket are listed in the index for the docket. 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 in the electronic docket at https://www.regulations.gov, or,
if only available in hard copy, at the OPP Regulatory Public Docket in
Rm. S-4400, One Potomac Yard (South Building), 2777 S. Crystal Drive,
Arlington, VA. The Docket Facility is open from 8:30 a.m. to 4 p.m.,
Monday through Friday, excluding legal holidays. The telephone number
for the Docket Facility is (703) 305-5805.
FOR FURTHER INFORMATION CONTACT: Meredith Laws, Registration Division
(7505P), Office of Pesticide Programs, Environmental Protection Agency,
1200 Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone
number: (703) 308-7038; e-mail address: laws.meredith@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
RelatedInformation?
In addition to using regulations.gov (https://www.regulations.gov),
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?
FR Doc. 06-2712 published in the Federal Register of March 22, 2006
(71 FR 14406) (FRL-7766-8), in the amendment to Sec. 180.472 is being
corrected because the table in paragraph (a) was inadvertently
published as a two column table. The table should have appeared as a
three column table. The omitted third column should include the heading
``Expiration/Revocation Date'', and the entry ``None'' to correspond to
the tolerance listed in each row. The amendment also includes a
typographical error and lists the established tolerance level for
``Oats, forage'', as ``a2.0'' parts per million. This typographical
error is being corrected as well.
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 the use of notice and comment procedures are unnecessary to
effectuate this correction. As such, 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?
No. This action only corrects errors in the amendatory language for
a previously published final rule and does not impose any new
requirements. EPA's compliance with the statutes and Executive Orders
for the underlying rule is discussed in Unit VII. of the March 22,
2006, final rule (71 FR 14406).
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: June 28, 2006.
Donald R. Stubbs,
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), 346a and 371.
0
2. Section 180.472 is amended by alphabetically adding commodities to
the table in paragraph (a) to read as follows:
Sec. 180.472 Imidacloprid; tolerances for residues.
(a) * * *
------------------------------------------------------------------------
Expiration/
Commodity Parts per million Revocation Date
------------------------------------------------------------------------
* * * * * * *
Oats, forage 2.0............... None
Oats, grain 0.05.............. None
Oats, hay 6.0............... None
Oats, straw 3.0............... None
* * * * * * *
Rye, forage 2.0............... None
Rye, grain 0.05.............. None
Rye, hay 6.0............... None
Rye, straw 3.0............... None
------------------------------------------------------------------------
[[Page 39213]]
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[FR Doc. E6-10860 Filed 7-11-06; 8:45 am]
BILLING CODE 6560-50-S
