Pesticide Tolerances; Technical Amendments, 34883-34886 [2011-14569]
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Federal Register / Vol. 76, No. 115 / Wednesday, June 15, 2011 / Rules and Regulations
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.
metabolites and degradates, in the
commodities in the table below.
Compliance with the tolerance levels
specified below is to be determined by
measuring the sum of difenoconazole,
1-[2-[2-chloro-4-(4chlorophenoxy)phenyl]-4-methyl-1,3dioxolan-2-ylmethyl]-1H-1,2,4-triazole,
and its metabolite, CGA–205375, 1-[2chloro-4-(4-chloro-phenoxy)phenyl]-2[1,2,4]triazol-1-yl-ethanol, calculated as
the stoichiometric equivalent of
difenoconazole, in the following
commodities:
Parts per
million
Commodity
*
*
*
*
Cattle, liver ....................................
*
0.40
*
*
*
*
Egg ...............................................
*
0.02
*
*
*
*
Goat, liver .....................................
*
0.40
PART 180—[AMENDED]
*
*
*
*
Hog, liver ......................................
*
0.40
1. The authority citation for part 180
continues to read as follows:
*
*
*
*
Horse, liver ...................................
*
0.40
*
*
*
*
Sheep, liver ...................................
*
0.40
Dated: June 7, 2011.
Lois Rossi,
Director, Registration Division, Office of
Pesticide Programs.
Therefore, 40 CFR chapter I is
amended as follows:
■
Authority: 21 U.S.C. 321(q), 346a and 371.
2. Section 180.475 is amended as
follows:
■ i. In the table to paragraph (a)(1), by
alphabetically adding the following
commodities; and
■ ii. In paragraph (a)(2), by revising the
introductory text and the following
commodities in the table.
The amendments read as follows:
*
§ 180.475 Difenoconazole; tolerances for
residues.
ENVIRONMENTAL PROTECTION
AGENCY
■
(a) * * *
(1) * * *
*
*
*
*
*
*
*
*
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Parts per
million
*
*
*
*
Aspirated grain fractions .............
*
95
*
*
*
*
Carrot ..........................................
Chickpea .....................................
*
0.50
0.08
[EPA–HQ–OPP–2010–1081; FRL–8875–4]
Pesticide Tolerances; Technical
Amendments
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
EPA has reviewed its
pesticide regulations and is making
changes in a number of areas. These
*
*
*
*
*
Fruits, stone, group 12 ...............
2.5
changes will correct cross-references,
remove expired tolerances, ‘‘reserve’’
*
*
*
*
*
paragraphs within sections that no
Soybean, hulls ............................
0.20 longer have any tolerances listed due to
Soybean, seed ............................
0.15
the removal of expired tolerances, and
Strawberry ..................................
2.5
remove sections that no longer have any
Turnip, greens ............................
35
tolerances due to the removal of expired
tolerances. These changes have no
*
*
*
*
*
substantive impact on any requirements.
As such, notice and public comment
(2) Tolerances are established for
residues of difenoconazole, including its procedures are unnecessary.
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This final rule is effective June
15, 2011.
ADDRESSES: EPA has established a
docket for this action under docket
identification (ID) number EPA–HQ–
OPP–2010–1081. 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:
Andrew Ertman, Registration Division
(7505P), Office of Pesticide Programs,
Environmental Protection Agency, 1200
Pennsylvania Ave., NW., Washington,
DC 20460–0001; telephone number:
(703) 308–9367; e-mail address:
ertman.andrew@epa.gov.
DATES:
SUPPLEMENTARY INFORMATION:
I. Does this action apply to me?
40 CFR Part 180
Commodity
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34883
SUMMARY:
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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 those engaged in the
following activities:
• 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 to provide 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
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the person listed under FOR FURTHER
INFORMATION CONTACT.
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II. What does this amendment do?
This amendment makes changes in a
number of areas within 40 CFR part 180,
subpart C. In several sections within 40
CFR part 180, subpart C, there is a
paragraph (c) to address tolerances with
regional registrations that incorrectly
cross-references 40 CFR 180.1(m) as
providing the definition of the phrase
‘‘tolerances with regional registrations.’’
EPA recently made several changes to
40 CFR 180.1 that resulted in a
redesignating of the paragraphs in the
section, including changing 40 CFR
180.1(m) (defining the term ‘‘tolerances
with regional registrations’’) to 40 CFR
180.1(l). 75 FR 76284 (December 8,
2010) (FRL–8853–8). No amendments
were made to the body of 40 CFR
180.1(m). In the same rulemaking that
resulted in the redesignating of 40 CFR
180.1(m), EPA should have amended
the cross-references to 40 CFR 180.1(m)
that appear throughout part 180. That
change, however, was inadvertently not
done. In this rule, EPA is now correcting
that cross-reference wherever it appears
in 40 CFR part 180 by changing it from
‘‘§ 180.1(m)’’ to ‘‘§ 180.1(l).’’
This amendment revises certain
sections in 40 CFR part 180, subpart C,
to remove those time-limited tolerances
that have expired based on the terms set
in the tolerance. Since the tolerance is
expired, it is no longer effective and
should not appear in the regulation.
This amendment reserves those
paragraphs within specific sections in
40 CFR part 180, subpart C that no
longer have any tolerances listed due to
the removal of expired tolerances. In
some cases, this also results in some
paragraphs being redesignated as well.
This amendment removes those
sections in 40 CFR part 180, subpart C
that no longer have any tolerances listed
due to the removal of expired
tolerances.
III. Why is this amendment issued as a
final rule?
Section 553 of the Administrative
Procedure Act (APA), 5 U.S.C.
553(b)(3)(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 amendment final
without prior proposal and opportunity
for comment, because notice and public
comment are unnecessary. EPA is
making only technical changes to
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correct cross-references rendered
incorrect by a prior rulemaking, remove
expired tolerances, reserve paragraphs
within sections, and remove sections for
which there are no longer any
tolerances. None of these changes have
a substantive effect on any requirement,
or otherwise impose any new
requirement, EPA finds that this
constitutes good cause under 5 U.S.C.
553(b)(3)(B).
IV. Do any of the statutory and
executive order reviews apply to this
action?
This rule makes technical changes to
40 CFR part 180, subpart C to correct
cross-references, remove expired
tolerances, improve the presentation
and format of the regulation, and make
other minor, non-substantive
improvements to the regulation. Other
than clarifying EPA regulations, these
amendments are not expected to have
any impact on regulated parties or the
public because they do not change
existing requirements or impose any
new requirements. Accordingly, these
amendments were not designated a
significant regulatory action under
Executive Orders 12866 (58 FR 51735,
October 4, 1993) and Executive Order
13653 (76 FR 3821, January 21, 2011).
Nor does it impose or change any
information collection burden that
requires additional review by OMB
under the provisions of the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501
et seq.).
Because the agency has made a ‘‘good
cause’’ finding that this action is not
subject to notice-and-comment
requirements under the Administrative
Procedure Act or any other statute (See
Unit III.), it is not subject to the
regulatory flexibility provisions of the
Regulatory Flexibility Act (5 U.S.C. 601
et seq.), or to sections 202 and 205 of the
Unfunded Mandates Reform Act of 1995
(UMRA) (2 U.S.C. 1531–1538). In
addition, this action does not
significantly or uniquely affect small
governments or impose a significant
inter-governmental mandate, as
described in sections 203 and 204 of
UMRA.
This rule will not have substantial
direct effect 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 (65
FR 67249, November 6, 2000). In
addition, the agency has determined
that his action will not have a
substantial direct effect on States, on the
relationship between the national
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government and the States, or on the
distribution of power and
responsibilities among the various
levels of government, as specified in
Executive Order 13132 (64 FR 43255,
August 10, 1999).
Since this action is not economically
significant under Executive Order
12866, it is not subject to Executive
Order 13045 (62 FR 19885, April 23,
1997), and Executive Order 13211 (66
FR 28355, May 22, 2001). Nor does it
require any special considerations to
address environmental justice under
Executive Order 12898 (55 FR 7629,
February 16, 1994).
In addition, this action does not
involve technical standards that would
require the consideration of voluntary
consensus standards pursuant to section
12(d) of the National Technology
Transfer and Advancement Act
(NTTAA) (15 U.S.C. 272).
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 the 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 procedures,
Agricultural commodities, Pesticides
and pests, Reporting and recordkeeping
requirements.
Dated: June 3, 2011.
Daniel J. Rosenblatt,
Acting Director, Registration Division, Office
of Pesticide Programs.
Therefore, 40 CFR chapter I is
amended as follows:
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.
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§§ 180.106, 180.114, 180.123, 180.142,
180.145, 180.153, 180.169, 180.184, 180.185,
180.191, 180.204, 180.205, 180.222, 180.241,
180.253, 180.259, 180.275, 180.284, 180.291,
180.304, 180.314, 180.330, 180.342, 180.378,
180.399, 180.412, 180.434, 180.447, 180.448,
180.451, 180.503, 180.573, 180.579, 180.587
[Amended]
(b) Section 18 emergency exemptions.
[Reserved]
*
*
*
*
*
■ 10. In § 180.284, revise paragraph (b)
to read as follows:
2. In §§ 180.106, 180.114, 180.123,
180.142, 180.145, 180.153, 180.169,
180.184, 180.185, 180.191, 180.204,
180.205, 180.222, 180.241, 180.253,
180.259, 180.275, 180.284, 180.291,
180.304, 180.314, 180.330, 180.342,
180.378, 180.399, 180.412, 180.434,
180.447, 180.448, 180.451, 180.503,
180.573, 180.579, 180.587, in paragraph
(c), remove the reference ‘‘§ 180.1 (m)’’
and add, in its place ‘‘§ 180.1 (l)’’.
*
■
3. In § 180.106, revise paragraph (b) to
read as follows:
■
§ 180.106
Diuron; tolerances for residues.
*
*
*
*
*
(b) Section 18 emergency exemptions.
[Reserved]
*
*
*
*
*
■ 4. In § 180.110, revise paragraph (b) to
read as follows:
§ 180.110
Maneb; tolerances for residues.
*
*
*
*
*
(b) Section 18 emergency exemptions.
[Reserved]
*
*
*
*
*
§ 180.145
[Amended]
5. In § 180.145, remove paragraph
(a)(2) and redesignate paragraph (a)(3) as
paragraph (a)(2).
■
§ 180.284 Zinc phosphide; tolerances for
residues.
*
*
*
*
(b) Section 18 emergency exemptions.
[Reserved]
*
*
*
*
*
§ 180.294
■
■
■
■
[Removed]
[Removed]
15. In § 180.328, in paragraph (a), in
the table, remove the commodities
Artichoke, globe; Avocado; Fig; Fruit,
citrus; Fruit, pome; Fruit, stone; Olive
and Pistachio; and revise paragraph (c)
to read as follows:
■
§ 180.328 Napropamide; tolerances for
residues.
*
*
*
*
*
(c) Tolerances with regional
registrations. [Reserved]
*
*
*
*
*
[Amended]
■
§ 180.190 Diphenylamine; tolerances for
residues.
§ 180.368
*
*
*
*
*
(d) Indirect or inadvertent residues.
[Reserved]
§ 180.228
■
[Amended]
17. In § 180.368, in paragraph (c)(1),
remove the reference ‘‘180.1(m)’’ and
add, in its place ‘‘§ 180.1(l)’’.
■
§ 180.377
[Removed]
8. In § 180.242, revise paragraph (b) to
read as follows:
§ 180.242 Thiabendazole; tolerances for
residues.
§ 180.379
*
■
■
7. Remove § 180.228.
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(b) Section 18 emergency exemptions.
[Reserved]
*
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*
■ 9. In § 180.276, revise paragraph (b) to
read as follows:
§ 180.276 Formetanate hydrochloride;
tolerances for residues.
*
*
*
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[Removed]
19. Remove § 180.379.
20. Section 180.401 is amended as
follows:
■ a. Add a heading to paragraph (a);
■ b. Redesignate paragraph (b) as
paragraph (c) and add a heading; in
newly designated paragraph (c), remove
the reference ‘‘§ 180.1(m)’’ and add, in
its place ‘‘§ 180.1 (l)’’; and
■ c. Add new paragraphs (b) and (d).
■
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§ 180.412 Sethoxydim; tolerances for
residues.
*
*
*
*
*
(b) Section 18 emergency exemptions.
[Reserved]
*
*
*
*
*
■ 24. In § 180.438, revise paragraph (b)
to read as follows:
*
*
*
*
*
(b) Section 18 emergency exemptions.
[Reserved]
*
*
*
*
*
■ 25. In § 180.443, revise paragraph (b)
to read as follows:
§ 180.443 Myclobutanil; tolerances for
residues.
*
[Amended]
18. In § 180.377, in paragraph (b), in
the table, remove the commodities
Wheat, aspirated grain fractions; Wheat,
bran; Wheat, flour; Wheat, germ; Wheat,
middlings and Wheat, shorts.
■
*
*
*
*
(c) Tolerances with regional
registrations. [Reserved]
*
*
*
*
*
■ 23. In § 180.412, revise paragraph (b)
to read as follows:
§ 180.438 Lambda-cyhalothrin and an
isomer gamma-cyhalothrin; tolerances for
residues.
16. In § 180.345, in paragraph (c),
remove the reference ‘‘40 CFR 180.1(m)’’
and add, in its place ‘‘§ 180.1(l)’’.
6. In § 180.190, revise paragraph (d) to
read as follows:
[Removed]
21. Remove § 180.406.
*
[Removed]
14. Remove § 180.325.
§ 180.345
§ 180.406
§ 180.410 Triadimefon; tolerances for
residues.
13. Remove § 180.312.
§ 180.325
(a) General. * * *
(b) Section 18 emergency exemptions.
[Reserved]
(c) Tolerances with regional
registrations. * * *
(d) Indirect or inadvertent residues.
[Reserved]
22. In § 180.410, in paragraph (a), in
the table, remove the commodities
Apple; Apple, wet pomace; Grape and
Pear; and revise paragraph (c) to read as
follows:
12. Remove § 180.296.
§ 180.312
§ 180.401 Thiobencarb; tolerances for
residues.
■
11. Remove § 180.294.
§ 180.296
The amendments read as follows:
■
[Removed]
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*
*
*
(b) Section 18 emergency exemptions.
[Reserved]
*
*
*
*
*
§ 180.450
[Amended]
26. In § 180.450, in paragraph (a), in
the table, remove the commodities
Sorghum, grain, forage; Sorghum, grain,
grain and Sorghum, grain, stover.
■
§ 180.456
■
[Removed]
27. Remove § 180.456.
28. In § 180.476, revise paragraph (b)
to read as follows:
■
§ 180.476 Triflumizole; tolerances for
residues.
*
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(b) Section 18 emergency exemptions.
[Reserved]
*
*
*
*
*
■ 29. In § 180.479, revise paragraph (b)
to read as follows:
§ 180.479 Halosulfuron-methyl; tolerances
for residues.
*
*
*
*
*
(b) Section 18 emergency exemptions.
[Reserved]
*
*
*
*
*
■ 30. In § 180.480, revise paragraph (b)
to read as follows:
§ 180.480 Fenbuconazole; tolerances for
residues.
§ 180.571 Mesotrione; tolerances for
residues.
*
*
*
*
*
(b) Section 18 emergency exemptions.
[Reserved]
*
*
*
*
*
■ 38. In § 180.586, revise paragraph (b)
to read as follows:
§ 180.586 Clothianidin; tolerances for
residues.
*
*
*
*
*
(b) Section 18 emergency exemptions.
[Reserved]
*
*
*
*
*
[FR Doc. 2011–14569 Filed 6–14–11; 8:45 am]
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(b) Section 18 emergency exemptions.
[Reserved]
*
*
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*
*
GENERAL SERVICES
ADMINISTRATION
§ 180.483
48 CFR Parts 539 and 552
[Removed]
31. Remove § 180.483.
■ 32. In § 180.493, revise paragraph (d)
to read as follows:
■
§ 180.493 Dimethomorph; tolerances for
residues.
*
*
*
*
*
(d) Indirect or inadvertent residues.
[Reserved]
[GSAR Amendment 2011–02; GSAR Case
2011–G503; (Change 50); Docket 2011–
0012, Sequence 1]
RIN 30900–AJ15
General Services Administration
Acquisition Regulation;
Implementation of Information
Technology Security Provision
Office of Acquisition Policy,
General Services Administration (GSA).
ACTION: Interim rule.
■
AGENCY:
§ 180.515 Carfentrazone-ethyl; tolerances
for residues.
SUMMARY:
33. In § 180.515, revise paragraph (b)
to read as follows:
§ 180.544 Methoxyfenozide; tolerances for
residues.
The General Services
Administration (GSA) is issuing an
interim rule amending the General
Services Administration Acquisition
Regulation (GSAR) to revise sections to
implement policy and guidelines for
contracts and orders that include
information technology (IT) supplies,
services and systems with security
requirements.
*
DATES:
*
*
*
*
*
(b) Section 18 emergency exemptions.
[Reserved]
*
*
*
*
*
■ 34. In § 180.544, revise paragraph (d)
to read as follows:
*
*
*
*
(d) Indirect or inadvertent residues.
[Reserved]
§ 180.549
[Amended]
35. In § 180.549, remove paragraph
(a)(2) and redesignate paragraph (a)(1) as
paragraph (a).
■
36. In § 180.561, revise paragraph (b)
to read as follows:
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■
§ 180.561 Acibenzolar-S-methyl;
tolerances for residues.
*
*
*
*
*
(b) Section 18 emergency exemptions.
[Reserved]
*
*
*
*
*
■ 37. In § 180.571, revise paragraph (b)
to read as follows:
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Effective Date: June 15, 2011.
Applicability Date: This amendment
applies to contracts and orders awarded
after the effective date that include
information technology (IT) supplies,
services and systems with security
requirements.
Comment Date: Interested parties
should submit written comments to the
Regulatory Secretariat at the address
shown below on or before August 15,
2011 to be considered in the
formulation of a final rule.
ADDRESSES: Submit comments
identified by GSAR Case 2011–G503, by
any of the following methods:
• Regulations.gov: https://
www.regulations.gov. Submit comments
via the Federal eRulemaking portal by
inputting ‘‘GSAR Case 2011–G503’’
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under the heading ‘‘Enter Keyword or
ID’’ and selecting ‘‘Search.’’ Select the
link ‘‘Submit a Comment’’ that
corresponds with ‘‘GSAR Case 2011–
G503.’’ Follow the instructions provided
at the ‘‘Submit a Comment’’ screen.
Please include your name, company
name (if any), and ‘‘GSAR Case 2011–
G503’’ on your attached document.
• Fax: (202) 501–4067.
• Mail: General Services
Administration, Regulatory Secretariat
(MVCB), ATTN: Hada Flowers, 1275
First Street, NE., 7th Floor, Washington,
DC 20417.
Instructions: Please submit comments
only and cite GSAR Case 2011–G503, in
all correspondence related to this case.
All comments received will be posted
without change to https://
www.regulations.gov, including any
personal and/or business confidential
information provided.
FOR FURTHER INFORMATION CONTACT: Ms.
Deborah Lague, Procurement Analyst, at
(202) 694–8149, for clarification of
content. For information pertaining to
status or publication schedules, contact
the Regulatory Secretariat at (202) 501–
4755. Please cite GSAR Case 2011–
G503.
SUPPLEMENTARY INFORMATION:
I. Background
To verify that GSA has met the
requirements of the Federal Information
Security Management Act of 2002
(FISMA), GSA’s Office of the Inspector
General (OIG) conducted an audit of
GSA’s information and information
technology systems. In regards to the
regulatory process, a recommendation
was made by the OIG to strengthen the
requirements in contracts and orders for
information technology supplies,
services and systems. Working with the
Office of the Chief Information Officer
(CIO), the Office of Acquisition Policy
developed the policy, guidance and
requirements that would be utilized to
protect GSA’s information and
information technology systems,
regardless of the location. The actual
requirements are currently being
utilized in solicitations, contracts and
orders issued by the CIO; however, they
were not included in the GSAR. By
revising the GSAR to include these
requirements, GSA is agreeing with the
recommendation of the OIG and
strengthens the protection of
information and information systems.
II. GSAR Changes
The following are the changes to
GSAR part 507, Acquisition Planning;
Subpart 511.1, Selecting and Developing
Requirement Documents; part 539,
E:\FR\FM\15JNR1.SGM
15JNR1
]]>Agencies
[Federal Register Volume 76, Number 115 (Wednesday, June 15, 2011)]
[Rules and Regulations]
[Pages 34883-34886]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-14569]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 180
[EPA-HQ-OPP-2010-1081; FRL-8875-4]
Pesticide Tolerances; Technical Amendments
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: EPA has reviewed its pesticide regulations and is making
changes in a number of areas. These changes will correct cross-
references, remove expired tolerances, ``reserve'' paragraphs within
sections that no longer have any tolerances listed due to the removal
of expired tolerances, and remove sections that no longer have any
tolerances due to the removal of expired tolerances. These changes have
no substantive impact on any requirements. As such, notice and public
comment procedures are unnecessary.
DATES: This final rule is effective June 15, 2011.
ADDRESSES: EPA has established a docket for this action under docket
identification (ID) number EPA-HQ-OPP-2010-1081. 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: Andrew Ertman, Registration Division
(7505P), Office of Pesticide Programs, Environmental Protection Agency,
1200 Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone
number: (703) 308-9367; e-mail address: ertman.andrew@epa.gov.
SUPPLEMENTARY INFORMATION:
I. 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 those
engaged in the following activities:
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 to
provide 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
[[Page 34884]]
the person listed under FOR FURTHER INFORMATION CONTACT.
II. What does this amendment do?
This amendment makes changes in a number of areas within 40 CFR
part 180, subpart C. In several sections within 40 CFR part 180,
subpart C, there is a paragraph (c) to address tolerances with regional
registrations that incorrectly cross-references 40 CFR 180.1(m) as
providing the definition of the phrase ``tolerances with regional
registrations.'' EPA recently made several changes to 40 CFR 180.1 that
resulted in a redesignating of the paragraphs in the section, including
changing 40 CFR 180.1(m) (defining the term ``tolerances with regional
registrations'') to 40 CFR 180.1(l). 75 FR 76284 (December 8, 2010)
(FRL-8853-8). No amendments were made to the body of 40 CFR 180.1(m).
In the same rulemaking that resulted in the redesignating of 40 CFR
180.1(m), EPA should have amended the cross-references to 40 CFR
180.1(m) that appear throughout part 180. That change, however, was
inadvertently not done. In this rule, EPA is now correcting that cross-
reference wherever it appears in 40 CFR part 180 by changing it from
``Sec. 180.1(m)'' to ``Sec. 180.1(l).''
This amendment revises certain sections in 40 CFR part 180, subpart
C, to remove those time-limited tolerances that have expired based on
the terms set in the tolerance. Since the tolerance is expired, it is
no longer effective and should not appear in the regulation.
This amendment reserves those paragraphs within specific sections
in 40 CFR part 180, subpart C that no longer have any tolerances listed
due to the removal of expired tolerances. In some cases, this also
results in some paragraphs being redesignated as well.
This amendment removes those sections in 40 CFR part 180, subpart C
that no longer have any tolerances listed due to the removal of expired
tolerances.
III. Why is this amendment issued as a final rule?
Section 553 of the Administrative Procedure Act (APA), 5 U.S.C.
553(b)(3)(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 amendment final
without prior proposal and opportunity for comment, because notice and
public comment are unnecessary. EPA is making only technical changes to
correct cross-references rendered incorrect by a prior rulemaking,
remove expired tolerances, reserve paragraphs within sections, and
remove sections for which there are no longer any tolerances. None of
these changes have a substantive effect on any requirement, or
otherwise impose any new requirement, EPA finds that this constitutes
good cause under 5 U.S.C. 553(b)(3)(B).
IV. Do any of the statutory and executive order reviews apply to this
action?
This rule makes technical changes to 40 CFR part 180, subpart C to
correct cross-references, remove expired tolerances, improve the
presentation and format of the regulation, and make other minor, non-
substantive improvements to the regulation. Other than clarifying EPA
regulations, these amendments are not expected to have any impact on
regulated parties or the public because they do not change existing
requirements or impose any new requirements. Accordingly, these
amendments were not designated a significant regulatory action under
Executive Orders 12866 (58 FR 51735, October 4, 1993) and Executive
Order 13653 (76 FR 3821, January 21, 2011). Nor does it impose or
change any information collection burden that requires additional
review by OMB under the provisions of the Paperwork Reduction Act of
1995 (44 U.S.C. 3501 et seq.).
Because the agency has made a ``good cause'' finding that this
action is not subject to notice-and-comment requirements under the
Administrative Procedure Act or any other statute (See Unit III.), it
is not subject to the regulatory flexibility provisions of the
Regulatory Flexibility Act (5 U.S.C. 601 et seq.), or to sections 202
and 205 of the Unfunded Mandates Reform Act of 1995 (UMRA) (2 U.S.C.
1531-1538). In addition, this action does not significantly or uniquely
affect small governments or impose a significant inter-governmental
mandate, as described in sections 203 and 204 of UMRA.
This rule will not have substantial direct effect 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 (65 FR 67249, November 6, 2000). In addition, the
agency has determined that his action 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
responsibilities among the various levels of government, as specified
in Executive Order 13132 (64 FR 43255, August 10, 1999).
Since this action is not economically significant under Executive
Order 12866, it is not subject to Executive Order 13045 (62 FR 19885,
April 23, 1997), and Executive Order 13211 (66 FR 28355, May 22, 2001).
Nor does it require any special considerations to address environmental
justice under Executive Order 12898 (55 FR 7629, February 16, 1994).
In addition, this action does not involve technical standards that
would require the consideration of voluntary consensus standards
pursuant to section 12(d) of the National Technology Transfer and
Advancement Act (NTTAA) (15 U.S.C. 272).
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 the 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 procedures,
Agricultural commodities, Pesticides and pests, Reporting and
recordkeeping requirements.
Dated: June 3, 2011.
Daniel J. Rosenblatt,
Acting Director, Registration Division, Office of Pesticide Programs.
Therefore, 40 CFR chapter I 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.
[[Page 34885]]
Sec. Sec. [emsp14]180.106, 180.114, 180.123, 180.142, 180.145,
180.153, 180.169, 180.184, 180.185, 180.191, 180.204, 180.205, 180.222,
180.241, 180.253, 180.259, 180.275, 180.284, 180.291, 180.304, 180.314,
180.330, 180.342, 180.378, 180.399, 180.412, 180.434, 180.447, 180.448,
180.451, 180.503, 180.573, 180.579, 180.587 [Amended]
0
2. In Sec. Sec. [emsp14]180.106, 180.114, 180.123, 180.142, 180.145,
180.153, 180.169, 180.184, 180.185, 180.191, 180.204, 180.205, 180.222,
180.241, 180.253, 180.259, 180.275, 180.284, 180.291, 180.304, 180.314,
180.330, 180.342, 180.378, 180.399, 180.412, 180.434, 180.447, 180.448,
180.451, 180.503, 180.573, 180.579, 180.587, in paragraph (c), remove
the reference ``Sec. [emsp14]180.1 (m)'' and add, in its place ``Sec.
[emsp14]180.1 (l)''.
0
3. In Sec. 180.106, revise paragraph (b) to read as follows:
Sec. 180.106 Diuron; tolerances for residues.
* * * * *
(b) Section 18 emergency exemptions. [Reserved]
* * * * *
0
4. In Sec. 180.110, revise paragraph (b) to read as follows:
Sec. 180.110 Maneb; tolerances for residues.
* * * * *
(b) Section 18 emergency exemptions. [Reserved]
* * * * *
Sec. [emsp14]180.145 [Amended]
0
5. In Sec. 180.145, remove paragraph (a)(2) and redesignate paragraph
(a)(3) as paragraph (a)(2).
0
6. In Sec. 180.190, revise paragraph (d) to read as follows:
Sec. 180.190 Diphenylamine; tolerances for residues.
* * * * *
(d) Indirect or inadvertent residues. [Reserved]
Sec. 180.228 [Removed]
0
7. Remove Sec. 180.228.
0
8. In Sec. 180.242, revise paragraph (b) to read as follows:
Sec. 180.242 Thiabendazole; tolerances for residues.
* * * * *
(b) Section 18 emergency exemptions. [Reserved]
* * * * *
0
9. In Sec. 180.276, revise paragraph (b) to read as follows:
Sec. 180.276 Formetanate hydrochloride; tolerances for residues.
* * * * *
(b) Section 18 emergency exemptions. [Reserved]
* * * * *
0
10. In Sec. 180.284, revise paragraph (b) to read as follows:
Sec. 180.284 Zinc phosphide; tolerances for residues.
* * * * *
(b) Section 18 emergency exemptions. [Reserved]
* * * * *
Sec. 180.294 [Removed]
0
11. Remove Sec. 180.294.
Sec. 180.296 [Removed]
0
12. Remove Sec. 180.296.
Sec. 180.312 [Removed]
0
13. Remove Sec. 180.312.
Sec. 180.325 [Removed]
0
14. Remove Sec. 180.325.
0
15. In Sec. 180.328, in paragraph (a), in the table, remove the
commodities Artichoke, globe; Avocado; Fig; Fruit, citrus; Fruit, pome;
Fruit, stone; Olive and Pistachio; and revise paragraph (c) to read as
follows:
Sec. 180.328 Napropamide; tolerances for residues.
* * * * *
(c) Tolerances with regional registrations. [Reserved]
* * * * *
Sec. 180.345 [Amended]
0
16. In Sec. 180.345, in paragraph (c), remove the reference ``40 CFR
180.1(m)'' and add, in its place ``Sec. 180.1(l)''.
Sec. 180.368 [Amended]
0
17. In Sec. 180.368, in paragraph (c)(1), remove the reference
``180.1(m)'' and add, in its place ``Sec. 180.1(l)''.
Sec. 180.377 [Amended]
0
18. In Sec. 180.377, in paragraph (b), in the table, remove the
commodities Wheat, aspirated grain fractions; Wheat, bran; Wheat,
flour; Wheat, germ; Wheat, middlings and Wheat, shorts.
Sec. 180.379 [Removed]
0
19. Remove Sec. 180.379.
0
20. Section 180.401 is amended as follows:
0
a. Add a heading to paragraph (a);
0
b. Redesignate paragraph (b) as paragraph (c) and add a heading; in
newly designated paragraph (c), remove the reference ``Sec.
[emsp14]180.1(m)'' and add, in its place ``Sec. [emsp14]180.1 (l)'';
and
0
c. Add new paragraphs (b) and (d).
The amendments read as follows:
Sec. 180.401 Thiobencarb; tolerances for residues.
(a) General. * * *
(b) Section 18 emergency exemptions. [Reserved]
(c) Tolerances with regional registrations. * * *
(d) Indirect or inadvertent residues. [Reserved]
Sec. 180.406 [Removed]
0
21. Remove Sec. 180.406.
0
22. In Sec. 180.410, in paragraph (a), in the table, remove the
commodities Apple; Apple, wet pomace; Grape and Pear; and revise
paragraph (c) to read as follows:
Sec. 180.410 Triadimefon; tolerances for residues.
* * * * *
(c) Tolerances with regional registrations. [Reserved]
* * * * *
0
23. In Sec. 180.412, revise paragraph (b) to read as follows:
Sec. 180.412 Sethoxydim; tolerances for residues.
* * * * *
(b) Section 18 emergency exemptions. [Reserved]
* * * * *
0
24. In Sec. 180.438, revise paragraph (b) to read as follows:
Sec. 180.438 Lambda-cyhalothrin and an isomer gamma-cyhalothrin;
tolerances for residues.
* * * * *
(b) Section 18 emergency exemptions. [Reserved]
* * * * *
0
25. In Sec. 180.443, revise paragraph (b) to read as follows:
Sec. 180.443 Myclobutanil; tolerances for residues.
* * * * *
(b) Section 18 emergency exemptions. [Reserved]
* * * * *
Sec. 180.450 [Amended]
0
26. In Sec. 180.450, in paragraph (a), in the table, remove the
commodities Sorghum, grain, forage; Sorghum, grain, grain and Sorghum,
grain, stover.
Sec. 180.456 [Removed]
0
27. Remove Sec. 180.456.
0
28. In Sec. 180.476, revise paragraph (b) to read as follows:
Sec. 180.476 Triflumizole; tolerances for residues.
* * * * *
[[Page 34886]]
(b) Section 18 emergency exemptions. [Reserved]
* * * * *
0
29. In Sec. 180.479, revise paragraph (b) to read as follows:
Sec. 180.479 Halosulfuron-methyl; tolerances for residues.
* * * * *
(b) Section 18 emergency exemptions. [Reserved]
* * * * *
0
30. In Sec. 180.480, revise paragraph (b) to read as follows:
Sec. 180.480 Fenbuconazole; tolerances for residues.
* * * * *
(b) Section 18 emergency exemptions. [Reserved]
* * * * *
Sec. 180.483 [Removed]
0
31. Remove Sec. 180.483.
0
32. In Sec. 180.493, revise paragraph (d) to read as follows:
Sec. 180.493 Dimethomorph; tolerances for residues.
* * * * *
(d) Indirect or inadvertent residues. [Reserved]
0
33. In Sec. 180.515, revise paragraph (b) to read as follows:
Sec. 180.515 Carfentrazone-ethyl; tolerances for residues.
* * * * *
(b) Section 18 emergency exemptions. [Reserved]
* * * * *
0
34. In Sec. 180.544, revise paragraph (d) to read as follows:
Sec. 180.544 Methoxyfenozide; tolerances for residues.
* * * * *
(d) Indirect or inadvertent residues. [Reserved]
Sec. 180.549 [Amended]
0
35. In Sec. 180.549, remove paragraph (a)(2) and redesignate paragraph
(a)(1) as paragraph (a).
0
36. In Sec. 180.561, revise paragraph (b) to read as follows:
Sec. 180.561 Acibenzolar-S-methyl; tolerances for residues.
* * * * *
(b) Section 18 emergency exemptions. [Reserved]
* * * * *
0
37. In Sec. 180.571, revise paragraph (b) to read as follows:
Sec. 180.571 Mesotrione; tolerances for residues.
* * * * *
(b) Section 18 emergency exemptions. [Reserved]
* * * * *
0
38. In Sec. 180.586, revise paragraph (b) to read as follows:
Sec. 180.586 Clothianidin; tolerances for residues.
* * * * *
(b) Section 18 emergency exemptions. [Reserved]
* * * * *
[FR Doc. 2011-14569 Filed 6-14-11; 8:45 am]
BILLING CODE 6560-50-P
