41271
Federal
Register
/
Vol.
68,
No.
133
/
Friday,
July
11,
2003
/
Rules
and
Regulations
the
issuance
of
Federal
regulations
that
requires
Federal
agencies
to
assess
the
effects
of
their
discretionary
regulatory
actions.
In
particular,
the
Act
addresses
actions
that
may
result
in
the
expenditure
by
a
State,
local,
or
tribal
government,
in
the
aggregate,
or
by
the
private
sector
of
$
100,000,000
or
more
in
any
one
year.
Though
this
rule
would
not
result
in
such
an
expenditure,
we
do
discuss
the
effects
of
this
rule
elsewhere
in
this
preamble.

Taking
of
Private
Property
This
rule
will
not
effect
a
taking
of
private
property
or
otherwise
have
taking
implications
under
Executive
Order
12630,
governmental
Actions
and
Interference
with
Constitutionally
Protected
Property
Rights.

Civil
Justice
Reform
This
rule
meets
applicable
standards
in
sections
3(
a)
and
3(
b)(
2)
of
Executive
Order
12988,
Civil
Justice
Reform,
to
minimize
litigation,
eliminate
ambiguity,
and
reduce
burden.

Protection
of
Children
The
Coast
Guard
has
analyzed
this
rule
under
Executive
Order
13045,
Protection
of
Children
from
Environmental
Health
Risks
and
Safety
Risks.
This
rule
is
not
an
economically
significant
rule
and
does
not
concern
an
environmental
risk
to
health
or
risk
to
safety
that
may
disproportionately
affect
children.

Environment
We
have
considered
the
environmental
impact
of
this
rule
and
concluded
that,
under
figure
2
 
1,
paragraph
32(
g)
of
Commandant
Instruction
Manual
M16475.1D,
this
rule
is
categorically
excluded
from
further
environmental
documentation.
A
``
Categorical
Exclusion
Determination''
is
available
in
the
docket
for
inspection
or
copying
where
indicated
under
ADDRESSES.

Energy
Effects
We
have
analyzed
this
rule
under
Executive
Order
13211,
Actions
Concerning
Regulations
That
Significantly
Affect
Energy
Supply,
Distribution,
or
Use.
We
have
determined
that
it
is
not
a
``
significant
energy
action''
under
that
Order
because
it
is
not
a
``
significant
regulatory
action''
under
Executive
Order
12866
and
is
not
likely
to
have
a
significant
adverse
effect
on
the
supply,
distribution,
or
use
of
energy.
It
has
not
been
designated
by
the
Administrator
of
the
Office
of
Information
and
Regulatory
Affairs
as
a
significant
energy
action.
Therefore,
it
does
not
require
a
Statement
of
Energy
Effects
under
Executive
Order
13211.

Indian
Tribal
Governments
This
rule
does
not
have
tribal
implications
under
Executive
Order
13175,
Consultation
and
Coordination
with
Indian
Tribal
Governments,
because
it
does
not
have
a
substantial
direct
effect
on
one
or
more
Indian
tribes,
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.

List
of
Subjects
in
33
CFR
Part
165
Harbors,
Marine
safety,
Navigation
(
water),
Reporting
and
recordkeeping
requirements,
Security
measures,
Waterways.


For
the
reasons
discussed
in
the
preamble,
the
Coast
Guard
amends
33
CFR
part
165
as
follows:

PART
165
 
REGULATED
NAVIGATION
AREAS
AND
LIMITED
ACCESS
AREAS

1.
The
authority
citation
for
part
165
continues
to
read
as
follows:

Authority:
33
U.
S.
C.
1226,
1231;
46
U.
S.
C.
Chapter
701;
50
U.
S.
C.
191,
195;
33
CFR
1.05
 
1(
g),
6.04
 
1,
6.04
 
6
and
160.5;
Pub.
L.
107
 
295,
116
Stat.
2064;
Department
of
Homeland
Security
Delegation
No.
0170.1.


2.
A
new
temporary
§
165.
T09
 
222
is
added
to
read
as
follows:

§
165.
T09
 
222
Safety
Zone;
Lake
Michigan,
Chicago,
Illinois.

(
a)
Location.
The
following
is
a
safety
zone:
All
waters
of
Lake
Michigan
bounded
by
the
arc
of
a
circle
with
a
700­
foot
radius
with
its
center
in
approximate
position
41
°
52 
15 
N;
087
°
36 
44 
W
(
NAD
83).
(
b)
Regulations.
In
accordance
with
the
general
regulations
in
§
165.23
of
this
part,
entry
into
the
zone
is
prohibited
unless
authorized
by
the
Coast
Guard
Captain
of
the
Port,
Chicago,
or
the
designated
Patrol
Commander.
(
c)
Effective
date.
This
section
is
effective
from
11
p.
m.
July
14,
2003
until
1
a.
m.
on
July
15,
2003.

Dated:
June
25,
2003.

Raymond
E.
Seebald,

Captain,
U.
S.
Coast
Guard,
Captain
of
the
Port
Chicago.
[
FR
Doc.
03
 
17599
Filed
7
 
10
 
03;
8:
45
am]

BILLING
CODE
4910
 
15
 
P
ENVIRONMENTAL
PROTECTION
AGENCY
40
CFR
Part
180
[
OPP
 
2003
 
0103;
FRL
 
7317
 
1]

Imidacloprid;
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
June
13,
2003,
concerning
the
establishment
of
tolerances
for
combined
residues
of
imidacloprid.
This
document
is
being
issued
to
properly
display
the
table
in
the
regulatory
text.
DATES:
This
document
is
effective
on
July
11,
2003.
FOR
FURTHER
INFORMATION
CONTACT:
Shaja
R.
Brothers,
Registration
Division
(
7505C),
Office
of
Pesticide
Programs,
Environmental
Protection
Agency,
1200
Pennsylvania
Ave.,
NW.,
Washington,
DC
20460
 
0001;
telephone
number:
(
703)
308
 
3194;
e­
mail
address:
brothers.
shaja@
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
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
 
2003
 
0103.
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.

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Register
/
Vol.
68,
No.
133
/
Friday,
July
11,
2003
/
Rules
and
Regulations
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.

II.
What
Does
this
Correction
Do?
In
a
final
rule
published
in
the
Federal
Register
of
June
13,
2003
(
68
FR
35303)
(
FRL
 
7310
 
8)
an
amendment
to
§
180.472
inadvertently
omitted
the
third
column
of
the
table
(
Expiration/
Revocation
date)
in
paragraph
(
a).
This
correction
is
being
published
to
show
the
table
as
it
should
have
appeared
with
the
newly
added
commodities.

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
EPA
is
merely
inserting
language
that
was
inadvertently
omitted
from
the
previously
published
final
rule.
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?
This
final
rule
implements
a
technical
correction
to
the
CFR,
and
it
does
not
otherwise
impose
or
amend
any
requirements.
As
such,
the
Office
of
Management
and
Budget
(
OMB)
has
determined
that
a
technical
correction
is
not
a
``
significant
regulatory
action''
subject
to
review
by
OMB
under
Executive
Order
12866,
entitled
Regulatory
Planning
and
Review
(
58
FR
51735,
October
4,
1993).
Nor
does
this
final
rule
contain
any
information
collection
requirements
that
require
review
and
approval
by
OMB
pursuant
to
the
Paperwork
Reduction
Act
of
1995
(
PRA)
(
44
U.
S.
C.
3501
et
seq.).
Since
the
Agency
has
made
a
``
good
cause''
finding
that
this
action
is
not
subject
to
notice­
and­
comment
requirements
under
the
APA
or
any
other
statute
(
see
Unit
III.),
this
action
is
not
subject
to
provisions
of
the
Regulatory
Flexibility
Act
(
RFA)
(
5
U.
S.
C.
601
et
seq.),
or
to
sections
202
and
205
of
the
Unfunded
Mandates
Reform
Act
of
1995
(
UMRA)
(
Public
Law
104
 
4).
In
addition,
this
action
does
not
significantly
or
uniquely
affect
small
governments
or
impose
any
enforceable
duty
or
contain
any
unfunded
mandate
as
described
under
Title
II
of
the
Unfunded
Mandates
Reform
Act
of
1995
(
UMRA)
(
Public
Law
104
 
4).
This
final
rule
will
not
have
substantial
direct
effects
on
the
States
or
on
one
or
more
Indian
tribes,
on
the
relationship
between
the
national
government
and
the
States
or
one
or
more
Indian
tribes,
or
on
the
distribution
of
power
and
responsibilities
among
the
various
levels
of
government
or
between
the
Federal
government
and
Indian
tribes.
As
such,
this
action
does
not
have
any
``
federalism
implications''
as
described
in
Executive
Order
13132,
entitled
Federalism
(
64
FR
43255,
August
10,
1999),
or
any
``
tribal
implications''
as
described
in
Executive
Order
13175,
entitled
Consultation
and
Coordination
with
Indian
Tribal
Governments
(
65
FR
67249,
November
6,
2000).
Since
this
direct
final
rule
is
not
a
``
significant
regulatory
action''
as
defined
by
Executive
Order
12866,
it
does
not
require
OMB
review
or
any
Agency
action
under
Executive
Order
13045,
entitled
Protection
of
Children
from
Environmental
Health
Risks
and
Safety
Risks
(
62
FR
19885,
April
23,
1997),
and
is
not
subject
to
Executive
Order
13211,
Actions
Concerning
Regulations
That
Significantly
Affect
Energy
Supply,
Distribution,
or
Use
(
66
FR
28355,
May
22,
2001).
This
action
does
not
involve
any
technical
standards
that
require
the
Agency's
consideration
of
voluntary
consensus
standards
pursuant
to
section
12(
d)
of
the
National
Technology
Transfer
and
Advancement
Act
of
1995
(
NTTAA),
Public
Law
104
 
113,
section
12(
d)
(
15
U.
S.
C.
272
note).
This
action
will
not
result
in
environmental
justice
related
issues
and
does
not,
therefore,
require
special
consideration
under
Executive
Order
12898,
entitled
Federal
Actions
to
Address
Environmental
Justice
in
Minority
Populations
and
Low­
Income
Populations
(
59
FR
7629,
February
16,
1994)
or
Executive
Order
12630,
entitled
Governmental
Actions
and
Interference
with
Constitutionally
Protected
Property
Rights
(
53
FR
8859,
March
15,
1988).
In
issuing
this
final
rule,
EPA
has
taken
the
necessary
steps
to
eliminate
drafting
errors
and
ambiguity,
minimize
potential
litigation,
and
provide
a
clear
legal
standard
for
affected
conduct,
as
required
by
section
3
of
Executive
Order
12988,
entitled
Civil
Justice
Reform
(
61
FR
4729,
February
7,
1996).

V.
Congressional
Review
Act
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:
July
8,
2003.

Peter
Caulkins,

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.


2.
On
page
35314,
in
FR
Doc.
03
 
14880,
in
the
third
column,
the
table
to
§
180.472(
a),
as
amended,
is
corrected
by
adding
the
third
column
(
Revocation/
Expiration
date)
and
in
the
footnote,
``
registration''
should
read
``
registrations''
to
read
as
follows:

§
180.472
Imidacloprid;
tolerances
for
residues.

(
a)
*
*
*

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68,
No.
133
/
Friday,
July
11,
2003
/
Rules
and
Regulations
Commodity
Parts
per
million
Revocation/
Expiration
date
Acerola
1.0
None
*
*
*
*
*
*
*

Artichoke,
globe
2.5
None
Avocado
1.0
None
Banana1
0.02
None
*
*
*
*
*
*
*

Canistel
1.0
None
*
*
*
*
*
*
*

Corn,
pop,
grain
0.05
None
Corn,
pop,
stover
0.20
None
*
*
*
*
*
*
*

Cranberry
0.05
None
Currant
3.5
None
*
*
*
*
*
*
*

Elderberry
3.5
None
*
*
*
*
*
*
*

Feijoa
1.0
None
*
*
*
*
*
*
*

Fruit,
stone,
group
12
3.0
None
Gooseberry
3.5
None
*
*
*
*
*
*
*

Guava
1.0
None
*
*
*
*
*
*
*

Huckleberry
3.5
None
Jaboticaba
1.0
None
Juneberry
3.5
None
*
*
*
*
*
*
*

Lingonberry
3.5
None
Longan
3.0
None
Lychee
3.0
None
Mango
1.0
None
*
*
*
*
*
*
*

Mustard,
seed
0.05
None
Okra
1.0
None
Passionfruit
1.0
None
Papaya
1.0
None
*
*
*
*
*
*
*

Persimmon
3.0
None
*
*
*
*
*
*
*

Pulasan
3.0
None
Rambutan
3.0
None
Salal
3.5
None
Sapodilla
1.0
None
Sapote,
black
1.0
None
Sapote,
mamey
1.0
None
*
*
*
*
*
*
*

Spanish
lime
3.0
None
Star
apple
1.0
None
Starfruit
1.0
None
Strawberry
0.50
None
*
*
*
*
*
*
*

Vegetable,
leaves
of
root
and
tuber,
group
2
4.0
None
Commodity
Parts
per
million
Revocation/
Expiration
date
Vegetable,
legume,
except
soybean,
group
6
4.0
None
Vegetable,
root
and
tuber,
group
1,
except
sugar
beet
0.40
None
*
*
*
*
*
*
*

Watercress
3.5
None
Wax
jambu
1.0
None
*
*
*
*
*
*
*

1
There
are
no
U.
S.
registrations
as
of
June
13,
2003
for
use
on
banana.

*
*
*
*
*

[
FR
Doc.
03
 
17674
Filed
7
 
10
 
03;
8:
45
am]

BILLING
CODE
6560
 
50
 
S
ENVIRONMENTAL
PROTECTION
AGENCY
40
CFR
Part
300
[
FRL
 
7526
 
2]

National
Oil
and
Hazardous
Substances
Pollution
Contingency
Plan;
National
Priorities
List
Update
AGENCY:
Environmental
Protection
Agency
(
EPA).
ACTION:
Notice
of
deletion
of
the
Pepe
Field
Superfund
Site
(
Site)
from
the
National
Priorities
List.

SUMMARY:
The
EPA
Region
II
Office
announces
the
deletion
of
the
Pepe
Field
Superfund
Site,
located
in
Boonton,
New
Jersey
from
the
National
Priorities
List
(
NPL).
The
NPL
is
appendix
B
of
40
CFR
part
300
which
is
the
National
Oil
and
Hazardous
Substances
Pollution
Contingency
Plan
(
NCP),
which
EPA
promulgated
pursuant
to
section
105
of
the
Comprehensive
Environmental
Response,
Compensation,
and
Liability
Act
of
1980
(
CERCLA),
as
amended.
EPA
and
the
State
of
New
Jersey
have
determined
that
the
Site
poses
no
significant
threat
to
public
health
or
the
environment
and,
therefore,
no
further
remedial
measures
pursuant
to
CERCLA
are
appropriate.
EFFECTIVE
DATE:
July
11,
2003.
FOR
FURTHER
INFORMATION
CONTACT:
Romona
Pezzella,
Remedial
Project
Manager;
U.
S.
Environmental
Protection
Agency;
Region
II,
290
Broadway,
19th
Floor;
New
York,
New
York
10007
 
1866;
(
212)
637
 
4385;
pezzella.
romona@
epa.
gov.

SUPPLEMENTARY
INFORMATION:
The
site
to
be
deleted
from
the
NPL
is:
Pepe
Field
Superfund
Site,
Boonton,
New
Jersey.
A
Notice
of
Intent
To
Delete
for
this
Site
was
published
in
the
Federal
Register
on
May
6,
2003
(
68
FR
23939).
The
closing
date
for
comments
on
the
Notice
of
Intent
To
Delete
was
June
7,
2003.
No
comments
were
received,
therefore,
EPA
has
not
prepared
a
Responsiveness
Summary.
EPA
identifies
sites
that
appear
to
present
a
significant
risk
to
public
health,
welfare,
or
the
environment
and
it
maintains
the
NPL
as
the
list
of
those
sites.
Any
site
deleted
from
the
NPL
remains
eligible
for
Fund­
financed
remedial
actions
in
the
unlikely
event
that
conditions
at
the
site
warrant
such
action.
Section
300.425(
e)(
3)
of
the
NCP
states
that
Fund­
financed
actions
may
be
taken
at
sites
deleted
from
the
NPL.
Deletion
of
a
site
from
the
NPL
does
not
affect
responsible
party
liability
or
impede
agency
efforts
to
recover
costs
associated
with
response
efforts.

List
of
Subjects
in
40
CFR
Part
300
Environmental
protection,
Air
pollution
control,
Chemicals,
Hazardous
substances,
Hazardous
waste,
Intergovernmental
relations,
Penalties,
Reporting
and
recordkeeping
requirements,
Superfund,
Water
pollution
control,
Water
supply.

Dated:
June
30,
2003.

William
J.
Muszynski,

Acting
Regional
Administrator,
Region
II.


For
the
reasons
set
out
in
the
preamble,
40
CFR
part
300
is
amended
as
follows:

PART
300
 
[
AMENDED]


1.
The
authority
citation
for
part
300
continues
to
read
as
follows:

Authority:
42
U.
S.
C.
9601
 
9657;
33
U.
S.
C.
1321(
c)(
2);
E.
O.
12777,
56
FR
54757,
3
CFR,
1991
Comp.,
p.
351;
E.
O.
12580,
52
FR
2923,
3
CFR,
1987
Comp.,
p.
193.
[
Amended]

Appendix
B
 
[
Amended]


2.
Table
1
of
Appendix
B
to
part
300
is
amended
by
removing
the
entry
for
the
Pepe
Field,
Boonton,
NJ
Superfund
Site.
[
FR
Doc.
03
 
17611
Filed
7
 
10
 
03;
8:
45
am]

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CODE
6560
 
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