2, 4-D, Bensulide, Chlorpyrifos, DCPA, Desmedipham, Dimethoate, Fenamiphos, Metolachlor, Phorate, Sethoxydim, Terbufos, Tetrachlorvinphos, and Triallate; Technical Amendment, 80301-80302 [E8-31010]
Download as PDF
<![CDATA[
Federal Register / Vol. 73, No. 251 / Wednesday, December 31, 2008 / Rules and Regulations
the EPA regulation that determines the
pollutants subject to the Federal PSD
program under the Clean Air Act (Act).
Under Title I, Part C of the Act, the PSD
program preconstruction permit
requirement applies to any new major
stationary source or modified existing
major stationary source of regulated air
pollutants located in an area that is
either attaining the National Ambient
Air Quality Standards (NAAQS) or
unclassifiable. Under the Federal PSD
permitting regulations, only new or
modified major sources that emit one or
more ‘‘regulated NSR pollutants,’’ as
that term is defined in the regulations,
are subject to the requirements of the
PSD program, including the requirement
to install the best available control
technology (BACT) for those regulated
NSR pollutants that the facility has the
potential to emit in significant amounts.
This memorandum contains EPA’s
definitive interpretation of ‘‘regulated
NSR pollutant’’ and is intended to
resolve any ambiguity in the definition,
which includes ‘‘any pollutant that
otherwise is subject to regulation under
the Act.’’ As of the date of the
memorandum, EPA interprets this
definition of ‘‘regulated NSR pollutant’’
to exclude pollutants for which EPA
regulations only require monitoring or
reporting but include all pollutants
subject to a provision in the Act or
regulation adopted by EPA under the
Act that requires actual control of
emissions of that pollutant.
FOR FURTHER INFORMATION CONTACT:
Mike Sewell, Office of Air Quality
Planning and Standards, Air Quality
Policy Division (C 504–03),
Environmental Protection Agency, 109
TW Alexander Drive, Research Triangle
Park, NC 27709; telephone number:
(919) 541–0873; fax number: (919) 541–
5509; e-mail address:
sewell.mike@epa.gov.
SUPPLEMENTARY INFORMATION:
I. General Information
A. How Can I Get Copies of This
Document and Other Related
Information?
pwalker on PROD1PC71 with RULES
1. Electronic Access. You may access
this Federal Register document
electronically through the EPA Internet
under the ‘‘Federal Register’’ listings at
https://www.epa.gov/fedrgstr/. You may
access the memorandum at https://
www.epa.gov/nsr.
Statutory and Executive Orders
This action is not a rule as defined by
Executive Order 12866. Therefore, it is
exempt from review by the Office of
Management and Budget as required for
VerDate Aug<31>2005
16:52 Dec 30, 2008
Jkt 217001
80301
ENVIRONMENTAL PROTECTION
AGENCY
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 Bldg.),
2777 S. Crystal Dr., Arlington, VA. The
Docket Facility is open from 8:30 a.m.
to 4 p.m., Monday through Friday,
excluding legal holidays. The Docket
Facility telephone number is (703) 305–
5805.
FOR FURTHER INFORMATION CONTACT: Jane
Smith, Special Review and
Reregistration Division (7508P), Office
of Pesticide Programs, Environmental
Protection Agency, 1200 Pennsylvania
Ave., NW., Washington, DC 20460–
0001; telephone number: (703) 308–
0048; e-mail address: smith.janescott@epa.gov.
SUPPLEMENTARY INFORMATION:
40 CFR Part 180
I. General Information
[EPA–HQ–OPP–2007–0674; FRL–8393–9]
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.
rules and regulations under Executive
Order 12866.
In addition, this is not a rule as
defined by the Regulatory Flexibility
Act, 5 U.S.C. section (601)(2). Therefore,
EPA has not prepared a regulatory
flexibility analysis addressing the
impact of this action on small business
activities.
Judicial Review
Because we have designated this
interpretation as nationally significant
under section 307(b) of the Act,
challenges must be brought to the
United States Court of Appeals for the
District of Columbia Circuit by March 2,
2009.
Dated: December 23, 2008.
Robert J. Meyers,
Principal Deputy Assistant Administrator.
[FR Doc. E8–31114 Filed 12–30–08; 8:45 am]
BILLING CODE 6560–50–P
2, 4-D, Bensulide, Chlorpyrifos, DCPA,
Desmedipham, Dimethoate,
Fenamiphos, Metolachlor, Phorate,
Sethoxydim, Terbufos,
Tetrachlorvinphos, and Triallate;
Technical Amendment
AGENCY: Environmental Protection
Agency (EPA).
ACTION: Final rule; technical
amendment.
SUMMARY: EPA issued a final rule in the
Federal Register of September 17, 2008,
concerning the modification of certain
tolerances for a number of pesticides
including the herbicides DCPA and
sethoxydim as a follow-up to the
Agency’s reregistration program under
the Federal Insecticide, Fungicide, and
Rodenticide Act (FIFRA) and tolerance
reassessment program under the Federal
Food, Drug, and Cosmetic Act (FFDCA).
This document corrects clerical errors
made in the final rule.
DATES: This final rule is effective
December 31, 2008.
ADDRESSES: EPA has established a
docket for this action under docket
identification (ID) number EPA–HQ–
OPP–2007–0674. All documents in the
docket are listed in the docket index
available in https://www.regulations.gov.
Although listed in the index, some
information is not publicly available,
e.g., Confidential Business Information
(CBI) or other information whose
PO 00000
Frm 00007
Fmt 4700
Sfmt 4700
B. How Can I Access Electronic Copies
of this Document and Other Related
Information?
In addition to accessing electronically
available documents at 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.
II. What Does this Amendment Do?
FR Doc. E8–21589 published in the
Federal Register of September 17, 2008
(73 FR 53732) (FRL–8375–2), is
corrected as follows:
1. On page 53737, under § 180.185(a),
in the table, the tolerance for ‘‘vegetable,
brassica, leafy, group 5’’ is corrected to
read 5.0 ppm. (EPA proposed a 5.0 ppm
tolerance on February 6, 2008 (73 FR
6867) (FRL–8345–2), and received no
comments on that proposed tolerance,
but through typographical error the
tolerance was listed at 0.05 ppm in the
final rule. This technical amendment
corrects that error.)
2. On page 53742, under § 180.412(a),
the table is corrected to include the
following tolerances which were
E:\FR\FM\31DER1.SGM
31DER1
80302
Federal Register / Vol. 73, No. 251 / Wednesday, December 31, 2008 / Rules and Regulations
inadvertently omitted: Crambe, meal at
40.0 ppm; crambe, seed at 35.0 ppm;
cuphea, seed at 35.0 ppm; echium, seed
at 35.0 ppm; gold of pleasure, meal at
40.0 ppm; gold of pleasure, seed at 35.0
ppm; hare’s ear mustard, seed at 35.0
ppm; lesquerella, seed at 35.0 ppm;
lunaria, seed at 35.0 ppm; meadowfoam,
seed at 35.0 ppm; milkweed, seed at
35.0 ppm; mustard, seed at 35.0 ppm;
oil radish, seed at 35.0 ppm; poppy,
seed at 35.0 ppm; sesame, seed at 35.0
ppm; and sweet rocket, seed at 35.0
ppm. (These oil seed commodity
tolerances for sethoxydim were
published in the Federal Register of
July 9, 2008 (73 FR 39256) (FRL–8370–
9). When EPA published the September
17, 2008 (73 FR 53732), final rule
pertaining to sethoxydim tolerances for
other commodities, the amendatory
language in the final rule mistakenly
omitted the tolerances finalized on July
9, 2008, rather than adding to them, as
had been intended. EPA has not
proposed revoking these tolerances.
This technical amendment corrects that
error).
III. Why is this Amendment 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
amendment final without prior proposal
and opportunity for comment, because
the erroneous changes being corrected
were the result of clerical error, and
were neither proposed nor commented
upon. Notice and comment is therefore
unnecessary.
pwalker on PROD1PC71 with RULES
IV. Do Any of the Statutory and
Executive Order Reviews Apply to this
Action?
No. This action only corrects
typographical omissions and errors for a
previously published final rule and does
not impose any new requirements.
EPA’s compliance with the statues and
Executive Orders for the underlying rule
is discussed in Unit VI. of the final rule
published September 17, 2008 (73 FR
53732).
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
VerDate Aug<31>2005
16:52 Dec 30, 2008
Jkt 217001
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: December 22, 2008.
Debra Edwards,
Director, Office of Pesticide Programs.
Parts per
million
Commodity
*
*
*
*
Lesquerella, seed .....................
*
*
*
*
Lunaria, seed ............................
Meadowfoam, seed ..................
*
*
*
*
Milkweed, seed .........................
Mustard, seed ...........................
*
*
*
*
Oil radish, seed ........................
*
*
*
*
Poppy, seed ..............................
*
*
*
*
Sesame, seed ...........................
*
*
*
*
Sweet rocket, seed ...................
*
*
*
*
*
*
*
*
*
35.0
*
35.0
35.0
*
35.0
35.0
*
35.0
*
35.0
*
35.0
*
35.0
*
*
[FR Doc. E8–31010 Filed 12–30–08; 8:45 am]
BILLING CODE 6560–50–S
Therefore, 40 CFR part 180 is
amended as follows:
■
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
PART 180—[AMENDED]
1. The authority citation for part 180
continues to read as follows:
■
Authority: 21 U.S.C. 321(q), 346a and 371.
2. Section 180.185 is amended by
revising the entry for ‘‘Vegetable,
brassica, leafy, group 5’’ in the table in
paragraph (a) to read as follows:
■
§ 180.185
DCPA; tolerances for residues.
(a) General. * * *
*
*
*
*
Vegetable, brassica, leafy,
group 5 ..................................
*
*
*
*
*
*
*
*
*
*
3. Section 180.412 is amended by
alphabetically adding the following
commodities to the table in paragraph
(a) to read as follows:
■
§ 180.412 Sethoxydim; tolerances for
residues.
(a) General. * * *
Parts per
million
Commodity
*
*
*
*
Crambe, meal ...........................
Crambe, seed ...........................
*
*
*
*
Cuphea, seed ...........................
*
*
*
*
Echium, seed ............................
*
*
*
*
Gold of pleasure, meal .............
Gold of pleasure, seed .............
*
*
*
*
Hare’s ear mustard, seed .........
Fmt 4700
[CMS–1403–CN2]
RIN 0938–AP18
Medicare Program; Payment Policies
Under the Physician Fee Schedule and
Other Revisions to Part B for CY 2009;
E-Prescribing Exemption for Computer
Generated Facsimile Transmissions;
5.0 Corrections
*
Frm 00008
42 CFR Parts 405, 409, 410, 411, 413,
414, 415, 423, 424, 485, 486, and 489
Parts per
million
Commodity
PO 00000
Centers for Medicare & Medicaid
Services
Sfmt 4700
*
40.0
35.0
*
35.0
*
35.0
*
40.0
35.0
*
35.0
AGENCY: Centers for Medicare &
Medicaid Services (CMS), HHS.
ACTION: Correction of final rule with
comment period.
SUMMARY: This document corrects
several technical and typographical
errors in the final rule with comment
period that appeared in the November
19, 2008 Federal Register entitled
‘‘Medicare Program; Payment Policies
Under the Physician Fee Schedule and
Other Revisions to Part B for CY 2009;
E-Prescribing Exemption for ComputerGenerated Facsimile Transmissions; and
Payment for Certain Durable Medical
Equipment, Prosthetics, Orthotics, and
Supplies (DMEPOS); Final Rule’’ (73 FR
69726).
DATES: Effective Date: This correction
notice is effective January 1, 2009.
FOR FURTHER INFORMATION CONTACT:
Diane Milstead, (410) 786–3355.
SUPPLEMENTARY INFORMATION:
E:\FR\FM\31DER1.SGM
31DER1
]]>Agencies
[Federal Register Volume 73, Number 251 (Wednesday, December 31, 2008)]
[Rules and Regulations]
[Pages 80301-80302]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-31010]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 180
[EPA-HQ-OPP-2007-0674; FRL-8393-9]
2, 4-D, Bensulide, Chlorpyrifos, DCPA, Desmedipham, Dimethoate,
Fenamiphos, Metolachlor, Phorate, Sethoxydim, Terbufos,
Tetrachlorvinphos, and Triallate; Technical Amendment
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule; technical amendment.
-----------------------------------------------------------------------
SUMMARY: EPA issued a final rule in the Federal Register of September
17, 2008, concerning the modification of certain tolerances for a
number of pesticides including the herbicides DCPA and sethoxydim as a
follow-up to the Agency's reregistration program under the Federal
Insecticide, Fungicide, and Rodenticide Act (FIFRA) and tolerance
reassessment program under the Federal Food, Drug, and Cosmetic Act
(FFDCA). This document corrects clerical errors made in the final rule.
DATES: This final rule is effective December 31, 2008.
ADDRESSES: EPA has established a docket for this action under docket
identification (ID) number EPA-HQ-OPP-2007-0674. All documents in the
docket are listed in the docket index available in https://
www.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 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 Bldg.), 2777 S. Crystal Dr., Arlington, VA. The Docket
Facility is open from 8:30 a.m. to 4 p.m., Monday through Friday,
excluding legal holidays. The Docket Facility telephone number is (703)
305-5805.
FOR FURTHER INFORMATION CONTACT: Jane Smith, Special Review and
Reregistration Division (7508P), Office of Pesticide Programs,
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460-0001; telephone number: (703) 308-0048; e-mail
address: smith.jane-scott@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 Access Electronic Copies of this Document and Other
Related Information?
In addition to accessing electronically available documents at
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.
II. What Does this Amendment Do?
FR Doc. E8-21589 published in the Federal Register of September 17,
2008 (73 FR 53732) (FRL-8375-2), is corrected as follows:
1. On page 53737, under Sec. 180.185(a), in the table, the
tolerance for ``vegetable, brassica, leafy, group 5'' is corrected to
read 5.0 ppm. (EPA proposed a 5.0 ppm tolerance on February 6, 2008 (73
FR 6867) (FRL-8345-2), and received no comments on that proposed
tolerance, but through typographical error the tolerance was listed at
0.05 ppm in the final rule. This technical amendment corrects that
error.)
2. On page 53742, under Sec. 180.412(a), the table is corrected to
include the following tolerances which were
[[Page 80302]]
inadvertently omitted: Crambe, meal at 40.0 ppm; crambe, seed at 35.0
ppm; cuphea, seed at 35.0 ppm; echium, seed at 35.0 ppm; gold of
pleasure, meal at 40.0 ppm; gold of pleasure, seed at 35.0 ppm; hare's
ear mustard, seed at 35.0 ppm; lesquerella, seed at 35.0 ppm; lunaria,
seed at 35.0 ppm; meadowfoam, seed at 35.0 ppm; milkweed, seed at 35.0
ppm; mustard, seed at 35.0 ppm; oil radish, seed at 35.0 ppm; poppy,
seed at 35.0 ppm; sesame, seed at 35.0 ppm; and sweet rocket, seed at
35.0 ppm. (These oil seed commodity tolerances for sethoxydim were
published in the Federal Register of July 9, 2008 (73 FR 39256) (FRL-
8370-9). When EPA published the September 17, 2008 (73 FR 53732), final
rule pertaining to sethoxydim tolerances for other commodities, the
amendatory language in the final rule mistakenly omitted the tolerances
finalized on July 9, 2008, rather than adding to them, as had been
intended. EPA has not proposed revoking these tolerances. This
technical amendment corrects that error).
III. Why is this Amendment 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
amendment final without prior proposal and opportunity for comment,
because the erroneous changes being corrected were the result of
clerical error, and were neither proposed nor commented upon. Notice
and comment is therefore unnecessary.
IV. Do Any of the Statutory and Executive Order Reviews Apply to this
Action?
No. This action only corrects typographical omissions and errors
for a previously published final rule and does not impose any new
requirements. EPA's compliance with the statues and Executive Orders
for the underlying rule is discussed in Unit VI. of the final rule
published September 17, 2008 (73 FR 53732).
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: December 22, 2008.
Debra Edwards,
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 180.185 is amended by revising the entry for ``Vegetable,
brassica, leafy, group 5'' in the table in paragraph (a) to read as
follows:
Sec. 180.185 DCPA; tolerances for residues.
(a) General. * * *
------------------------------------------------------------------------
Parts per
Commodity million
------------------------------------------------------------------------
* * * * *
Vegetable, brassica, leafy, group 5........................ 5.0
* * * * *
------------------------------------------------------------------------
* * * * *
0
3. Section 180.412 is amended by alphabetically adding the following
commodities to the table in paragraph (a) to read as follows:
Sec. 180.412 Sethoxydim; tolerances for residues.
(a) General. * * *
------------------------------------------------------------------------
Parts per
Commodity million
------------------------------------------------------------------------
* * * * *
Crambe, meal............................................... 40.0
Crambe, seed............................................... 35.0
* * * * *
Cuphea, seed............................................... 35.0
* * * * *
Echium, seed............................................... 35.0
* * * * *
Gold of pleasure, meal..................................... 40.0
Gold of pleasure, seed..................................... 35.0
* * * * *
Hare's ear mustard, seed................................... 35.0
* * * * *
Lesquerella, seed.......................................... 35.0
* * * * *
Lunaria, seed.............................................. 35.0
Meadowfoam, seed........................................... 35.0
* * * * *
Milkweed, seed............................................. 35.0
Mustard, seed.............................................. 35.0
* * * * *
Oil radish, seed........................................... 35.0
* * * * *
Poppy, seed................................................ 35.0
* * * * *
Sesame, seed............................................... 35.0
* * * * *
Sweet rocket, seed......................................... 35.0
* * * * *
------------------------------------------------------------------------
* * * * *
[FR Doc. E8-31010 Filed 12-30-08; 8:45 am]
BILLING CODE 6560-50-S
