65314
Federal
Register
/
Vol.
67,
No.
206
/
Thursday,
October
24,
2002
/
Rules
and
Regulations
(c)
Enforcement.
The
regulation
in
this
section,
promulgated
by
the
United
States
Army
Corps
of
Engineers,
shall
be
enforced
by
the
United
States
Navy,
Commanding
Officer
Naval
Station
Newport,
and/
or
such
agencies
or
persons
as
he/
she
may
designate.

Dated:
September
26,
2002.
Michael
G.
Ensch,
Acting
Chief,
Operations
Division,
Directorate
of
Civil
Works.
[FR
Doc.
02–
26646
Filed
10–
23–
02;
8:
45
am]

BILLING
CODE
3710–
92–
P
ENVIRONMENTAL
PROTECTION
AGENCY
40
CFR
Part
180
[OPP–
2002–
0235;
FRL–
7276–
9]

Clopyralid;
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
September
25,
2002,
establishing
tolerances
for
clopyralid.
This
document
is
being
issued
to
correct
unnecessary
tolerances
for
meat
byproducts
except
kidney
of
cattle,
goats,
horses,
and
sheep
at
1.0
parts
per
million.
DATES:
This
regulation
is
effective
October
24,
2002.
FOR
FURTHER
INFORMATION
CONTACT:
By
mail:
Joanne
I.
Miller,
Registration
Division
(7505C),
Office
of
Pesticide
Programs,
Environmental
Protection
Agency,
1200
Pennsylvania
Ave.,
NW.,
Washington,
DC
20460;
telephone
number:
(703)
305–
6224;
and
e­
mail
address:
miller.
joanne@
epamail.
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
the
action.
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
Copies
of
this
Document
and
Other
Related
Information?

1.
Docket.
EPA
has
established
an
official
public
docket
for
this
action
under
docket
identification
(ID)
number
OPP–
2002–
0235.
The
official
public
docket
consists
of
the
documents
specifically
referenced
in
this
action,
any
public
comments
received,
and
other
information
related
to
this
action.
Although
a
part
of
the
official
docket,
the
public
docket
does
not
include
Confidential
Business
Information
(CBI)
or
other
information
whose
disclosure
is
restricted
by
statute.
The
official
public
docket
is
the
collection
of
materials
that
is
available
for
public
viewing
at
the
Public
Information
and
Records
Integrity
Branch
(PIRIB),
Rm.
119,
Crystal
Mall
#2,
1921
Jefferson
Davis
Hwy.,
Arlington,
VA.
This
docket
facility
is
open
from
8:
30
a.
m.
to
4
p.
m.,
Monday
through
Friday,
excluding
legal
holidays.
The
docket
telephone
number
is
(703)
305–
5805.
2.
Electronic
access.
You
may
access
this
Federal
Register
document
electronically
through
the
EPA
Internet
under
the
``
Federal
Register''
listings
at
http://
www.
epa.
gov/
fedrgstr/.
A
frequently
updated
electronic
version
of
40
CFR
part
180
is
available
at
http://
www.
access.
gpo.
gov/
nara/
cfr/
cfrhtml
00/
Title
40/
40cfr180
00.
html,
a
beta
site
currently
under
development.
An
electronic
version
of
the
public
docket
is
available
through
EPA's
electronic
public
docket
and
comment
system,
EPA
Dockets.
You
may
use
EPA
Dockets
at
http://
www.
epa.
gov/
edocket/
to
submit
or
view
public
comments,
access
the
index
listing
of
the
contents
of
the
official
public
docket,
and
to
access
those
documents
in
the
public
docket
that
are
available
electronically.
Once
in
the
system,
select
``
search,
''
then
key
in
the
appropriate
docket
ID
number.

III.
What
Does
this
Technical
Correction
Do?
Tolerances
for
clopyralid
on
various
commodities
were
published
in
the
Federal
Register
on
September
25,
2002
(67
FR
60152)
(FRL–
7198–
4)
including
meat
byproducts
except
liver
of
cattle,
goats,
horses
and
sheep
at
36.0
parts
per
million.
These
tolerances
superseded
tolerances
previously
established
for
meat
byproducts
except
kidney
of
cattle,
goats,
horses
and
sheep
at
1.0
ppm.
This
technical
correction
removes
the
lower
tolerances
from
§
180.431.

IV.
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
EPA
is
merely
correcting
the
section
to
remove
certain
commodities
from
the
previously
published
final
rule.
EPA
finds
that
this
constitutes
good
cause
under
5
U.
S.
C.
553(
b)(
B).

V.
Do
Any
of
the
Regulatory
Assessment
Requirements
Apply
to
this
Action?

This
action
corrects
tolerances
established
under
section
408(
e)
of
the
Federal
Food,
Drug,
and
Cosmetic
Act
(FFDCA).
The
Office
of
Management
and
Budget
(OMB)
has
exempted
these
types
of
actions
from
review
under
Executive
Order
12866,
entitled
Regulatory
Planning
and
Review
(58
FR
51735,
October
4,
1993).
Because
this
technical
correction
has
been
exempted
from
review
under
Executive
Order
12866
due
to
its
lack
of
significance,
this
technical
correction
is
not
subject
to
Executive
Order
13211,
entitled
Actions
Concerning
Regulations
That
Significantly
Affect
Energy
Supply,
Distribution,
or
Use
(66
FR
28355,
May
22,
2001).
In
addition,
this
technical
correction
does
not
contain
any
information
collections
subject
to
OMB
approval
under
the
Paperwork
Reduction
Act,
44
U.
S.
C.
3501
et
seq.,
or
impose
any
enforceable
duty
or
contain
any
unfunded
mandate
as
described
under
Title
II
of
the
Unfunded
Mandates
Reform
Act
of
1995
(Public
Law
104–
4).
Nor
does
it
require
any
prior
consultation
as
specified
by
Executive
Order
12875,
entitled
Enhancing
the
Intergovernmental
Partnership
(58
FR
58093,
October
28,
1993),
or
special
considerations
as
required
by
Executive
Order
12898,
entitled
Federal
Actions
to
Address
Environmental
Justice
in
Minority
Populations
and
Low­
Income
Populations
(59
FR
7629,
February
16,
1994),
or
require
OMB
review
in
accordance
with
Executive
Order
13045,
entitled
Protection
of
Children
from
Environmental
Health
Risks
and
Safety
Risks
(62
FR
19885,
April
23,
1997).
In
addition,
under
the
Regulatory
Flexibility
Act
(5
U.
S.
C.
601
et
seq.),
the
Agency
previously
assessed
whether
establishing
tolerances,
exemptions
from
tolerances,
raising
tolerance
levels,
or
expanding
exemptions
might
adversely
impact
small
entities
and
concluded,
as
a
generic
matter,
that
there
is
no
adverse
economic
impact.
The
factual
basis
for
the
Agency's
generic
certification
for
tolerance
actions
published
on
May
4,
1981
(46
FR
24950),
and
was
provided
to
the
Chief
Counsel
for
Advocacy
of
the
Small
Business
Administration.

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65315
Federal
Register
/
Vol.
67,
No.
206
/
Thursday,
October
24,
2002
/
Rules
and
Regulations
VI.
Submission
to
Congress
and
the
Comptroller
General
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:
October
4,
2002.
Peter
Caukins,
Acting
Director,
Registration
Division,
Office
of
Pesticide
Programs
Therefore,
40
CFR
part
180
is
corrected
as
follows:

PART
180—[
AMENDED]

1.
The
authority
citation
for
part
180
continues
to
read
as
follows:

Authority:
21
U.
S.
C.
321(
q),
346(
a)
and
371.

§
180.431
[Amended]

2.
In
§
180.431,
in
paragraph
(a),
the
table
is
amended
by
removing
the
entries
for
``
cattle,
meat
byproducts,
except
kidney'';
``
goats,
meat
byproducts,
except
kidney'';
``
horses,
meat
byproducts,
except
kidney'';
and
``
sheep,
meat
byproducts,
except
kidney.
''
[FR
Doc.
02–
27132
Filed
10–
23–
02;
8:
45
am]

BILLING
CODE
6560–
50–
S
ENVIRONMENTAL
PROTECTION
AGENCY
40
CFR
Part
300
[FRL–
7399–
6]

National
Priorities
List
for
Uncontrolled
Hazardous
Waste
Sites
AGENCY:
Environmental
Protection
Agency.
ACTION:
Final
rule.

SUMMARY:
The
Comprehensive
Environmental
Response,
Compensation,
and
Liability
Act
of
1980
(``
CERCLA''
or
``
the
Act''),
as
amended,
requires
that
the
National
Oil
and
Hazardous
Substances
Pollution
Contingency
Plan
(``
NCP'')
include
a
list
of
national
priorities
among
the
known
releases
or
threatened
releases
of
hazardous
substances,
pollutants,
or
contaminants
throughout
the
United
States.
The
National
Priorities
List
(``
NPL'')
constitutes
this
list.
The
NPL
is
intended
primarily
to
guide
the
Environmental
Protection
Agency
(``
EPA''
or
``
the
Agency'')
in
determining
which
sites
warrant
further
investigation.
These
further
investigations
will
allow
EPA
to
assess
the
nature
and
extent
of
public
health
and
environmental
risks
associated
with
the
site
and
to
determine
what
CERCLAfinanced
remedial
action(
s),
if
any,
may
be
appropriate.
This
rule
adds
one
new
site
to
the
NPL;
the
Libby
Asbestos
site
located
in
Libby,
Montana.
It
is
being
added
to
the
General
Superfund
Section
of
the
NPL.
EFFECTIVE
DATE:
The
effective
date
for
this
amendment
to
the
NCP
shall
be
November
25,
2002.
ADDRESSES:
For
addresses
for
the
Headquarters
and
Regional
dockets,
as
well
as
further
details
on
what
these
dockets
contain,
see
section
II,
``
Availability
of
Information
to
the
Public''
in
the
SUPPLEMENTARY
INFORMATION
portion
of
this
preamble.
FOR
FURTHER
INFORMATION
CONTACT:
Yolanda
Singer,
phone
(703)
603–
8835,
State,
Tribal
and
Site
Identification
Center;
Office
of
Emergency
and
Remedial
Response
(mail
code
5204G);
U.
S.
Environmental
Protection
Agency;
1200
Pennsylvania
Avenue
NW;
Washington,
DC
20460;
or
the
Superfund
Hotline,
phone
(800)
424–
9346
or
(703)
412–
9810
in
the
Washington,
DC,
metropolitan
area.
SUPPLEMENTARY
INFORMATION:

Table
of
Contents
I.
Background
A.
What
Are
CERCLA
and
SARA?
B.
What
Is
the
NCP?
C.
What
Is
the
National
Priorities
List
(NPL)?
D.
How
Are
Sites
Listed
on
the
NPL?
E.
What
Happens
to
Sites
on
the
NPL?
F.
How
Are
Site
Boundaries
Defined?
G.
How
Are
Sites
Removed
From
the
NPL?
H.
Can
Portions
of
Sites
Be
Deleted
From
the
NPL
as
They
Are
Cleaned
Up?
I.
What
Is
the
Construction
Completion
List
(CCL)?
II.
Availability
of
Information
to
the
Public
A.
Can
I
Review
the
Documents
Relevant
to
This
Final
Rule?
B.
What
Documents
Are
Available
for
Review
at
the
Headquarters
and
Region
8
Dockets?
C.
How
Do
I
Access
the
Documents?
D.
How
Can
I
Obtain
a
Current
List
of
NPL
Sites?
III.
Contents
of
This
Final
Rule
A.
Addition
to
the
NPL
B.
Status
of
NPL
C.
What
Did
EPA
Do
With
the
Public
Comments
It
Received?
IV.
Executive
Order
12866
A.
What
Is
Executive
Order
12866?
B.
Is
This
Final
Rule
Subject
to
Executive
Order
12866
Review?
V.
Unfunded
Mandates
A.
What
Is
the
Unfunded
Mandates
Reform
Act
(UMRA)?
B.
Does
UMRA
Apply
to
This
Final
Rule?
VI.
Effects
on
Small
Businesses
A.
What
Is
the
Regulatory
Flexibility
Act?
B.
How
Has
EPA
Complied
With
the
Regulatory
Flexibility
Act?
VII.
Possible
Changes
to
the
Effective
Date
of
the
Rule
A.
Has
This
Rule
Been
Submitted
to
Congress
and
the
General
Accounting
Office?
B.
Could
the
Effective
Date
of
This
Final
Rule
Change?
C.
What
Could
Cause
the
Effective
Date
of
This
Rule
to
Change?
VIII.
National
Technology
Transfer
and
Advancement
Act
A.
What
Is
the
National
Technology
Transfer
and
Advancement
Act?
B.
Does
the
National
Technology
Transfer
and
Advancement
Act
Apply
to
This
Final
Rule?
IX.
Executive
Order
12898
A.
What
Is
Executive
Order
12898?
B.
Does
Executive
Order
12898
Apply
to
This
Final
Rule?
X.
Executive
Order
13045
A.
What
Is
Executive
Order
13045?
B.
Does
Executive
Order
13045
Apply
to
This
Final
Rule?
XI.
Paperwork
Reduction
Act
A.
What
Is
the
Paperwork
Reduction
Act?
B.
Does
the
Paperwork
Reduction
Act
Apply
to
This
Final
Rule?
XII.
Executive
Orders
on
Federalism
What
Are
The
Executive
Orders
on
Federalism
and
Are
They
Applicable
to
This
Final
Rule?
XIII.
Executive
Order
13084
What
Is
Executive
Order
13084
and
Is
It
Applicable
to
This
Final
Rule?
XIV.
Executive
Order
13175
A.
What
Is
Executive
Order
13175?
B.
Does
Executive
Order
13175
Apply
to
This
Final
Rule?
XV.
Executive
Order
13211
A.
What
Is
Executive
Order
13211?
B.
Is
This
Rule
Subject
to
Executive
Order
13211?

I.
Background
A.
What
Are
CERCLA
and
SARA?

In
1980,
Congress
enacted
the
Comprehensive
Environmental
Response,
Compensation,
and
Liability
Act,
42
U.
S.
C.
9601–
9675
(``
CERCLA''
or
``
the
Act''),
in
response
to
the
dangers
of
uncontrolled
releases
of
hazardous
substances.
CERCLA
was
amended
on
October
17,
1986,
by
the
Superfund
Amendments
and
Reauthorization
Act
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