Thiamethoxam; Pesticide Tolerances; Technical Correction, 25903-25904 [2012-10343]
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Federal Register / Vol. 77, No. 85 / Wednesday, May 2, 2012 / Rules and Regulations
costs on tribal governments or preempt
tribal law.
C. Petitions for Judicial Review
Under section 307(b)(1) of the CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by July 2, 2012. Filing a petition
for reconsideration by the Administrator
of this final rule does not affect the
finality of this action for the purposes of
judicial review nor does it extend the
time within which a petition for judicial
review may be filed, and shall not
postpone the effectiveness of such rule
or action. Parties with objections to this
direct final rule are encouraged to file a
comment in response to the parallel
notice of proposed rulemaking for this
action published in the proposed rules
section of today’s Federal Register,
rather than file an immediate petition
for judicial review of this direct final
rule, so that EPA can withdraw this
direct final rule and address the
comment in the proposed rulemaking.
This action to remove the 1980 Consent
Order for the Maryland Slag Company
may not be challenged later in
proceedings to enforce its requirements.
(See section 307(b)(2).)
emcdonald on DSK29S0YB1PROD with RULES
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Particulate matter.
Dated: April 12, 2012.
W.C. Early,
Acting Regional Administrator, Region III.
40 CFR part 52 is amended as follows:
VerDate Mar<15>2010
15:09 May 01, 2012
Jkt 226001
1. The authority citation for part 52
continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
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. Section 804,
however, exempts from section 801 the
following types of rules: Rules of
particular applicability; rules relating to
agency management or personnel; and
rules of agency organization, procedure,
or practice that do not substantially
affect the rights or obligations of nonagency parties. 5 U.S.C. 804(3). Because
this is a rule of particular applicability,
EPA is not required to submit a rule
report regarding this action under
section 801.
Subpart V—Maryland
2. In § 52.1070, the table in paragraph
(d) is amended by removing the entry
for Maryland Slag Co.
■
[FR Doc. 2012–10339 Filed 5–1–12; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 180
[EPA–HQ–OPP–2010–1079; FRL–9344–9]
Thiamethoxam; Pesticide Tolerances;
Technical Correction
Environmental Protection
Agency (EPA).
ACTION: Final rule; technical correction.
AGENCY:
EPA issued a final rule in the
Federal Register of March 2, 2012,
concerning the establishment of
tolerances for the insecticide
thiamethoxam on multiple
commodities. This document is being
issued to correct various typographical
omissions, specifically, the omission of
previously established tolerances for
caneberry subgroup 13–07A; mustard,
seed; onion, dry bulb; papaya; safflower,
seed; and nut, tree, group 14.
DATES: This final rule is effective May 2,
2012.
ADDRESSES: EPA has established a
docket for this action under docket
identification (ID) number EPA–HQ–
OPP–2010–1079. 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.
SUMMARY:
PO 00000
Frm 00039
Fmt 4700
Sfmt 4700
Julie
Chao, Registration Division (7505P),
Office of Pesticide Programs,
Environmental Protection Agency, 1200
Pennsylvania Ave. NW., Washington,
DC 20460–0001; telephone number:
(703) 308–8735; email address:
chao.julie@epa.gov.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
PART 52—[AMENDED]
■
B. Submission to Congress and the
Comptroller General
25903
I. 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.
II. What does this technical correction
do?
This technical correction reinstates
previously established tolerances for the
insecticide thiamethoxam in or on:
Caneberry subgroup 13–07A at 0.35
parts per million (ppm); mustard, seed
at 0.02 ppm; nut, tree, group 14 at 0.02
ppm; onion, dry bulb at 0.03 ppm;
papaya at 0.40 ppm; and safflower, seed
at 0.02 ppm. These tolerances were
inadvertently deleted from the table in
paragraph (a) under 40 CFR Part 180.565
in the final rule establishing new
tolerances for thiamethoxam on several
commodities that published in the
Federal Register of March 2, 2012 (77
FR 12731) (FRL–9331–8).
III. Why is this correction 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 technical correction
final without prior proposal and
opportunity for comment, because the
tolerances being reinstated in the table
in paragraph (a) of 40 CFR 180.565 are
permanent tolerances that were
inadvertently omitted from that table in
the course of a rulemaking that
amended the table to establish several
new tolerances. As part of that
rulemaking, EPA prepared a revised
table listing the current and new
tolerances. In preparing the revised
table, that contains tolerances on over
80 commodities, EPA inadvertently
overlooked the tolerances identified in
Unit II. It is clear on the face of the
rulemaking document that the omission
of the tolerances identified in Unit II
E:\FR\FM\02MYR1.SGM
02MYR1
25904
Federal Register / Vol. 77, No. 85 / Wednesday, May 2, 2012 / Rules and Regulations
was a typographical error because the
document in no place mentions, or
suggests, an intention of removing those
tolerances. Public comment is
unnecessary on an action to correct such
a clear inadvertent error. 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 final rule corrects a technical
error and does not otherwise change the
requirements in the final rule. As a
technical correction, this action is not
subject to the statutory and Executive
Order review requirements. For
information about the statutory and
Executive Order review requirements as
they related to the final rule, see Unit
IV. in the Federal Register of March 2,
2012.
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: April 18, 2012.
Lois Rossi,
Registration Division, Office of Pesticide
Programs.
Therefore, 40 CFR 180.565 is
corrected as follows:
PART 180—[AMENDED]
1. The authority citation for part 180
continues to read as follows:
emcdonald on DSK29S0YB1PROD with RULES
■
Authority: 21 U.S.C. 321(q), 346a and 371.
2. Section 180.565 is corrected by
alphabetically adding: Caneberry
subgroup 13–07A; mustard, seed; onion,
dry bulb; papaya; safflower, seed; and
nut, tree, group 14 to the table in
paragraph (a) to read as follows:
VerDate Mar<15>2010
15:09 May 01, 2012
Jkt 226001
(a) * * *
Parts per
million
Commodity
*
*
*
*
Caneberry subgroup 13–07A .......
*
0.35
*
*
*
*
Mustard, seed ...............................
Nut, tree, group 14 .......................
*
0.02
0.02
*
*
*
*
Onion, dry bulb .............................
*
0.03
*
*
*
*
Papaya ..........................................
*
0.40
*
*
*
*
Safflower, seed .............................
*
0.02
*
*
V. Congressional Review Act
■
§ 180.565 Thiamethoxam; tolerances for
residues.
*
*
*
*
*
*
*
*
[FR Doc. 2012–10343 Filed 5–1–12; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 180
[EPA–HQ–OPP–2011–0449; FRL–9346–4]
Acequinocyl; Pesticide Tolerances
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
This regulation establishes
tolerances for residues of acequinocyl in
or on multiple commodities which are
identified and discussed later in this
document. This regulation additionally
removes several established individual
tolerances, as they will be superseded
by inclusion in crop subgroup
tolerances or by updated commodity
terminology. Interregional Research
Project Number 4 (IR–4) requested these
tolerances under the Federal Food,
Drug, and Cosmetic Act (FFDCA).
DATES: This regulation is effective May
2, 2012. Objections and requests for
hearings must be received on or before
July 2, 2012, and must be filed in
accordance with the instructions
provided in 40 CFR part 178 (see also
Unit I.C. of the SUPPLEMENTARY
INFORMATION).
ADDRESSES: EPA has established a
docket for this action under docket
identification (ID) number EPA–HQ–
OPP–2011–0449. All documents in the
docket are listed in the docket index
available at https://www.regulations.gov.
Although listed in the index, some
SUMMARY:
PO 00000
Frm 00040
Fmt 4700
Sfmt 4700
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:
Laura Nollen, Registration Division
(7505P), Office of Pesticide Programs,
Environmental Protection Agency, 1200
Pennsylvania Ave. NW., Washington,
DC 20460–0001; telephone number:
(703) 305–7390; email address:
nollen.laura@epa.gov.
SUPPLEMENTARY INFORMATION:
I. General Information
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 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
the person listed under FOR FURTHER
INFORMATION CONTACT.
B. How can I get electronic access to
other related information?
You may access a frequently updated
electronic version of EPA’s tolerance
regulations at 40 CFR part 180 through
the Government Printing Office’s e-CFR
E:\FR\FM\02MYR1.SGM
02MYR1
]]>Agencies
[Federal Register Volume 77, Number 85 (Wednesday, May 2, 2012)]
[Rules and Regulations]
[Pages 25903-25904]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-10343]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 180
[EPA-HQ-OPP-2010-1079; FRL-9344-9]
Thiamethoxam; Pesticide Tolerances; Technical Correction
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule; technical correction.
-----------------------------------------------------------------------
SUMMARY: EPA issued a final rule in the Federal Register of March 2,
2012, concerning the establishment of tolerances for the insecticide
thiamethoxam on multiple commodities. This document is being issued to
correct various typographical omissions, specifically, the omission of
previously established tolerances for caneberry subgroup 13-07A;
mustard, seed; onion, dry bulb; papaya; safflower, seed; and nut, tree,
group 14.
DATES: This final rule is effective May 2, 2012.
ADDRESSES: EPA has established a docket for this action under docket
identification (ID) number EPA-HQ-OPP-2010-1079. 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: Julie Chao, Registration Division
(7505P), Office of Pesticide Programs, Environmental Protection Agency,
1200 Pennsylvania Ave. NW., Washington, DC 20460-0001; telephone
number: (703) 308-8735; email address: chao.julie@epa.gov.
SUPPLEMENTARY INFORMATION:
I. 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.
II. What does this technical correction do?
This technical correction reinstates previously established
tolerances for the insecticide thiamethoxam in or on: Caneberry
subgroup 13-07A at 0.35 parts per million (ppm); mustard, seed at 0.02
ppm; nut, tree, group 14 at 0.02 ppm; onion, dry bulb at 0.03 ppm;
papaya at 0.40 ppm; and safflower, seed at 0.02 ppm. These tolerances
were inadvertently deleted from the table in paragraph (a) under 40 CFR
Part 180.565 in the final rule establishing new tolerances for
thiamethoxam on several commodities that published in the Federal
Register of March 2, 2012 (77 FR 12731) (FRL-9331-8).
III. Why is this correction 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 technical
correction final without prior proposal and opportunity for comment,
because the tolerances being reinstated in the table in paragraph (a)
of 40 CFR 180.565 are permanent tolerances that were inadvertently
omitted from that table in the course of a rulemaking that amended the
table to establish several new tolerances. As part of that rulemaking,
EPA prepared a revised table listing the current and new tolerances. In
preparing the revised table, that contains tolerances on over 80
commodities, EPA inadvertently overlooked the tolerances identified in
Unit II. It is clear on the face of the rulemaking document that the
omission of the tolerances identified in Unit II
[[Page 25904]]
was a typographical error because the document in no place mentions, or
suggests, an intention of removing those tolerances. Public comment is
unnecessary on an action to correct such a clear inadvertent error. 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 final rule corrects a technical error and does not otherwise
change the requirements in the final rule. As a technical correction,
this action is not subject to the statutory and Executive Order review
requirements. For information about the statutory and Executive Order
review requirements as they related to the final rule, see Unit IV. in
the Federal Register of March 2, 2012.
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: April 18, 2012.
Lois Rossi,
Registration Division, Office of Pesticide Programs.
Therefore, 40 CFR 180.565 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 180.565 is corrected by alphabetically adding: Caneberry
subgroup 13-07A; mustard, seed; onion, dry bulb; papaya; safflower,
seed; and nut, tree, group 14 to the table in paragraph (a) to read as
follows:
Sec. 180.565 Thiamethoxam; tolerances for residues.
(a) * * *
------------------------------------------------------------------------
Parts per
Commodity million
------------------------------------------------------------------------
* * * * *
Caneberry subgroup 13-07A.................................... 0.35
* * * * *
Mustard, seed................................................ 0.02
Nut, tree, group 14.......................................... 0.02
* * * * *
Onion, dry bulb.............................................. 0.03
* * * * *
Papaya....................................................... 0.40
* * * * *
Safflower, seed.............................................. 0.02
* * * * *
------------------------------------------------------------------------
* * * * *
[FR Doc. 2012-10343 Filed 5-1-12; 8:45 am]
BILLING CODE 6560-50-P
