

[Federal Register: October 31, 2007 (Volume 72, Number 210)]
[Rules and Regulations]               
[Page 61535-61536]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr31oc07-15]                         

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2002-0043; FRL-8151-4]

 
Pesticide Tolerance Nomenclature Changes; Technical Amendments; 
Correction

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule; technical correction.

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SUMMARY: EPA issued a final rule in the Federal Register of September 
18, 2007 promulgating nomenclature changes for several hundred 
pesticide tolerances. This document is being issued to remove from the 
nomenclature changes several items that had been changed previously.

DATES: This final rule is effective November 2, 2007.

ADDRESSES: EPA has established a docket for this action under docket 
identification (ID) number EPA-HQ-OPP-2002-0043. To access the 
electronic docket, go to http://www.regulations.gov, select ``Advanced 

Search,'' then ``Docket Search.'' Insert the docket ID number where 
indicated and select the ``Submit'' button. Follow the instructions on 
the regulations.gov web site to view the docket index or access 
available documents. All documents in the docket are listed in the 
docket index available in 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 either in the electronic docket at http://www.regulations.gov
, or, if only available in hard copy, at the Office 

of Pesticide Programs (OPP) Regulatory Public Docket in Rm. S-4400, One 
Potomac Yard (South Bldg.), 2777 S. Crystal Dr., Arlington, VA. The 
hours of operation of this Docket Facility are 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: Stephen Schaible, Registration 
Division (7505P), Office of Pesticide Programs, Environmental 
Protection Agency, 1200 Pennsylvania Ave., NW., Washington DC 20460-
0001; telephone number: (703) 308-9362; e-mail address: 
schaible.stephen@epa.gov.


SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action Apply to Me?

    The Agency included in the final rule a list of those who may be 
potentially affected by this action. If you have questions regarding 
the applicability of this action to a particular entity, consult the 
person listed under the FOR FURTHER INFORMATION CONTACT.

B. How Can I Access Electronic Copies of this Document and Other 
Related Information?

    In addition to using regulations.gov, you may access this Federal 
Register document electronically through the EPA Internet under the 
``Federal Register'' listings at http://www.epa.gov/fedrgstr.


II. What Does this Correction Do?

    EPA is correcting the nomenclature document issued in the Federal 
Register on September 18, 2007 (72 FR 53134) (FRL-8126-5). Subsequent 
to publication of the September 18, 2007 Federal Register document, EPA 
learned that in the table of some 600 entries, several of the 
nomenclature changes had been included in a tolerance regulation that 
was issued in the Federal Register of September 12, 2007, (72 FR 
52013), thus making inclusion of those entries unnecessary and 
confusing. Therefore, EPA is removing the duplicate nomenclature 
changes that appeared in the September 12, 2007 Federal Register 
tolerance rule from the September 18, 2007 tolerance nomenclature 
document.

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 this document is merely removing commodity entries that have 
already been updated. 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?

    EPA included the required statutory discussion in the September 18, 
2007 nomenclature rule.

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).


[[Page 61536]]



List of Subjects in 40 CFR Part 180

    Environmental protection, Administrative practice and procedure, 
Agricultural commodities, Pesticides and pests, Reporting and 
recordkeeping requirements.


    Dated: October 23, 2007.
Debra Edwards,
Director, Office of Pesticide Programs.

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Therefore, 40 CFR part 180 is corrected as follows:

PART 180--[AMENDED]

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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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2. In FR Doc. E7-18159 published in the Federal Register of September 
18, 2007 (72 FR 53134) (FRL-8126-5), in the table to part 180, make the 
following corrections.
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a. On page 53137, remove the two entries for Sec. 180.103.
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b. On page 53138, remove all four entries for Sec. 180.142.
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c. On page 53138, remove the entry for Sec. 180.185.
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d. On page 53138, remove the entry for Sec. 180.211.
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e. On page 53138, remove the two entries for Sec. 180.213.
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f. On page 53138, remove all the entries for Sec. 180.220.
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g. On page 53139, remove all the entries for Sec. 180.242.
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h. On page 53139, remove the entry for Sec. 180.249.
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i. On page 53139, remove the entries for Sec. 180.298.
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j. Beginning on the bottom of page 53139, remove all the entries for 
Sec. 180.317.
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k. On page 53140, remove all the entries for Sec. 180.330.
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l. On page 53140, remove the entry for Sec. 180.345.
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m. On page 53141, remove the two entries for Sec. 180.378.
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n. On page 53141, remove the two entries for Sec. 180.381.
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o. On page 53142, remove all of the entries for Sec. 180.418, except 
the entries for ``Berry, group 13;'' ``Grass, forage, group 17;'' and 
``Grass, hay, group 17.''
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p. On page 53145, remove all the entries for Sec. 180.489.

[FR Doc. E7-21471 Filed 10-30-07; 8:45 am]

BILLING CODE 6560-50-S
