39460
Federal
Register
/
Vol.
68,
No.
127
/
Wednesday,
July
2,
2003
/
Rules
and
Regulations
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.
A
major
rule
cannot
take
effect
until
60
days
after
it
is
published
in
the
Federal
Register.
This
action
is
not
a
``
major
rule''
as
defined
by
5
U.
S.
C.
804(
2).
Under
section
307(
b)(
1)
of
the
Clean
Air
Act,
petitions
for
judicial
review
of
this
action
must
be
filed
in
the
United
States
Court
of
Appeals
for
the
appropriate
circuit
by
September
2,
2003.
Filing
a
petition
for
reconsideration
by
the
Administrator
of
this
final
rule
does
not
affect
the
finality
of
this
rule
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.
This
action
may
not
be
challenged
later
in
proceedings
to
enforce
its
requirements
(
see
section
307(
b)(
2)).

List
of
Subjects
in
40
CFR
Part
52
Environmental
protection,
Air
pollution
control,
Carbon
monoxide,
Intergovernmental
relations,
Reporting
and
recordkeeping
requirements.

Dated:
June
20,
2003.
Lawrence
E.
Starfield,
Acting
Regional
Administrator,
Region
6.


Chapter
I,
title
40
of
the
Code
of
Federal
Regulations
is
amended
as
follows:
PART
52
 
[
AMENDED]


1.
The
authority
citation
for
part
52
continues
to
read
as
follows:

Authority:
42
U.
S.
C.
7402
et
seq.

Subchapter
SS
 
Texas

2.
The
table
in
§
52.2270(
e)
entitled
``
EPA
approved
nonregulatory
provisions
and
quasi­
regulatory
measures
in
the
Texas
SIP''
is
amended
by
adding
to
the
end
of
the
table
three
entries
for
the
El
Paso
carbon
monoxide
nonattainment
area
to
read
as
follows:

§
52.2270
Identification
of
plan.

*
*
*
*
*
(
e)
*
*
*

EPA
APPROVED
NONREGULATORY
PROVISIONS
AND
QUASI­
REGULATORY
MEASURES
IN
THE
TEXAS
SIP
Name
of
SIP
provision
Applicable
geographic
or
nonattainment
area
State
submittal
effective
date
EPA
approval
date
Comments
*
*
*
*
*
*
*

Section
179B
Demonstration
of
Attainment
for
Carbon
Monoxide
for
El
Paso.
El
Paso
CO
nonattainment
area.
09/
27/
95
07/
02/
03
Federal
Register
page
number.
Supplemented
02/
11/
98.

Carbon
Monoxide
On­
Road
Emissions
Budget
for
Conformity.
El
Paso
CO
nonattainment
area.
09/
27/
95
07/
02/
03
...............................

Contingency
Measure
for
El
Paso
Carbon
Monoxide
Area.
El
Paso
CO
nonattainment
area.
09/
27/
95
07/
02/
03
Federal
Register
page
number.

[
FR
Doc.
03
 
16579
Filed
7
 
1
 
03;
8:
45
am]

BILLING
CODE
6560
 
50
 
P
ENVIRONMENTAL
PROTECTION
AGENCY
40
CFR
Part
180
[
OPP
 
2003
 
0155;
FRL
 
7316
 
5]

Glyphosate;
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
Wednesday,
June
18,
2003
(
68
FR
36472),
concerning
tolerances
on
corn,
field,
forage,
at
6.0
parts
per
million
(
ppm)
and
on
grain,
aspirited
fractions
to
reduce
the
tolerance
from
200
ppm
to
100
ppm.
This
document
is
being
issued
to
correct
typographical
errors.
DATES:
This
document
is
effective
on
July
2,
2003.

FOR
FURTHER
INFORMATION
CONTACT:
Jim
Tompkins,
Registration
Division
7505C,
Office
of
Pesticide
Programs,
Environmental
Protection
Agency,
1200
Pennsylvania
Ave.,
NW.,
Washington,
DC
20460
 
0001;
telephone
number:
(
703)
305­
5697;
e­
mail
address:
tompkins.
jim@
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
 
0155.
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
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02JYR1.
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Federal
Register
/
Vol.
68,
No.
127
/
Wednesday,
July
2,
2003
/
Rules
and
Regulations
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?
EPA
is
correcting
the
amendatory
language
to
the
amendments
to
§
180.364.
Inadvertently,
the
amendatory
language
indicated
that
``
corn,
field,
forage''
and
``
grain,
aspirited
fractions''
were
being
added
to
the
table
in
paragraph
(
a)
of
§
180.364.
Actually,
both
``
corn,
filed,
forage''
and
``
grain,
aspirited
fractions''
were
already
included
in
the
table
to
paragraph
(
a).
Since
EPA
merely
intended
to
revise
the
entries
to
changes
the
tolerances
levels,
this
document
corrects
the
amendatory
language
to
correctly
express
the
changes
that
EPA
is
making.

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,
Pesticides
and
pest.

Dated:
June
24,
2003.
Debra
Edwards,
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.
Amendatory
language
item
2
to
§
180.364,
on
page
36475,
published
in
the
Federal
Register
of
June
18,
2003,
(
68
FR
36472)
is
corrected
to
read
as
set
forth
below.
The
revised
portions
of
the
table
are
set
forth
for
user
convenience.


2.
Section
180.364
is
amended
by
removing
the
entire
entries
for
``
Animal
feed,
nongrass,
group,
except
alfalfa,''
``
Aspirated
grain
fractions,''
and
``
Soybean,
aspirated
grain
fractions''
and
by
revising
the
entries
for
``
Corn,
field,
forage
''
;
and
``
Grain,
aspirited
fractions''
to
read
as
follows:

§
180.364
Glyphosate;
tolerances
for
residues.

(
a)
*
*
*

Commodity
Parts
per
million
*
*
*
*
*
Corn,
field,
forage
.....................
6.0
*
*
*
*
*
Grain,
aspirated
fractions
.........
100.0
*
*
*
*
*

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Federal
Register
/
Vol.
68,
No.
127
/
Wednesday,
July
2,
2003
/
Rules
and
Regulations
*
*
*
*
*
[
FR
Doc.
03
 
16622
Filed
7
 
1
 
03;
8:
45
am]

BILLING
CODE
6560
 
50
 
S
ENVIRONMENTAL
PROTECTION
AGENCY
40
CFR
Part
180
[
OPP
 
2003
 
0130;
FRL
 
7310
 
9]

Famoxadone;
Pesticide
Tolerance
AGENCY:
Environmental
Protection
Agency
(
EPA).
ACTION:
Final
rule.

SUMMARY:
This
regulation
establishes
tolerances
for
residues
of
famoxadone
(
3­
anilino­
5­
methyl­
5­(
4­
phenoxyphenyl)­
1,3­
oxazolidine­
2,4­
dione)
in
or
on
vegetables,
fruiting,
group
8
(
except
tomato)
at
4.0
parts
per
million
(
ppm),
tomato
at
1.0
ppm;
vegetables
cucurbit,
group
9
at
0.30
ppm;
lettuce,
head
at
10.0
ppm;
potato
at
0.02
ppm;
grape
at
2.50
ppm;
grape,
raisin
at
4.0
ppm;
fat
of
cattle,
horses,
goats,
sheep
at
0.02
ppm;
liver
of
cattle,
horses,
goats,
sheep
at
0.05
ppm;
and
milk
fat
(
reflecting
negligible
residues
in
whole
milk)
at
0.060
ppm.
E.
I.
Dupont
Nemours
and
Company
(
Dupont)
requested
these
tolerances
under
the
Federal
Food,
Drug,
and
Cosmetic
Act
(
FFDCA),
as
amended
by
the
Food
Quality
Protection
Act
of
1996
(
FQPA).
These
reflect
the
first
food
tolerances
for
this
fungicide
in
the
United
States.
DATES:
This
regulation
is
effective
July
2,
2003.
Objections
and
requests
for
hearings,
identified
by
docket
ID
number
OPP
 
2003
 
0130,
must
be
received
on
or
before
September
2,
2003.

ADDRESSES:
Written
objections
and
hearing
requests
may
be
submitted
electronically,
by
mail,
or
through
hand
delivery/
courier.
Follow
the
detailed
instructions
as
provided
in
Unit
VI.
of
the
SUPPLEMENTARY
INFORMATION.

FOR
FURTHER
INFORMATION
CONTACT:
Dennis
M.
McNeilly,
Registration
Division
(
7505C),
Office
of
Pesticide
Programs,
Environmental
Protection
Agency,
1200
Pennsylvania
Ave.,
NW.,
Washington,
DC
20460
 
0001;
telephone
number:
(
703)
308
 
6742;
email
address:
mcneilly.
dennis@
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:
 
Crop
production
(
NAICS
111)
 
Animal
production
(
NAICS
112
 
Food
manufacturing
(
NAICS
311)
 
Pesticide
manufacturing
(
NAICS
32532)
This
listing
is
not
intended
to
be
exhaustive,
but
rather
provides
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
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
 
0130.
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.
To
access
the
OPPTS
Harmonized
Guidelines
referenced
in
this
document,
go
directly
to
the
guidelines
at
http://
www.
epa.
gov/
opptsfrs/
home/
guidelin.
htm.
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.
Although
not
all
docket
materials
may
be
available
electronically,
you
may
still
access
any
of
the
publicly
available
docket
materials
through
the
docket
facility
identified
in
Unit
I.
B.
1.
Once
in
the
system,
select
``
search,''
then
key
in
the
appropriate
docket
ID
number.

II.
Background
and
Statutory
Findings
In
the
Federal
Register
of
January
10,
2001
(
66
FR
1981)
(
FRL
 
6760
 
8),
EPA
issued
a
notice
pursuant
to
section
408
of
FFDCA,
21
U.
S.
C.
346a,
as
amended
by
FQPA
(
Public
Law
104
 
170),
announcing
the
filing
of
a
pesticide
petition
(
PP
0F6070)
for
establishing
tolerances
for
potatoes
at
0.05
ppm,
curcurbit
vegetable
crop
group
(
cucumbers,
melon,
squash)
at
0.7
ppm;
fruiting
vegetable
crop
group
(
tomatoes,
and
peppers)
at
1.0
ppm;
and
head
lettuce
at
15
ppm
by
Dupont,
P.
O.
Box
80038,
Wilmington,
DE
19880
 
0038.
That
notice
included
a
summary
of
the
petition
prepared
by
Dupont,
the
registrant.
There
were
no
comments
received
in
response
to
the
notice
of
filing.
In
a
second
Federal
Register
of
August
1,
2001
(
66
FR
39762)
(
FRL
 
6789
 
2),
EPA
issued
a
notice
pursuant
to
section
408
of
FFDCA,
21
U.
S.
C.
346a,
as
amended
by
FQPA
(
Public
Law
104
 
170),
announcing
the
filing
of
a
pesticide
petition
(
PP
7E4847)
for
establishing
a
tolerance
for
grapes
at
2.0
parts
per
million
by
Dupont,
P.
O.
Box
80038,
Wilmington,
DE
19880
 
0038.
That
notice
included
a
summary
of
the
petition
prepared
by
Dupont,
the
registrant.
The
Agency
received
a
written
comment
from
the
World
Wildlife
Fund
(
WWF)
dated
August
31,
2001.
The
Agency's
response
to
this
comment
can
be
found
at
Unit
III.
B.
The
initial
petitions
requested
that
40
CFR
180.587
be
amended
by
establishing
tolerances
for
residues
of
the
fungicide
famoxadone
(
3­
anilino­
5­
methyl­
5­(
4­
phenoxyphenyl)­
1,3­
oxazolidine­
2,4­
dione)
in
or
on
potatoes
at
0.05
ppm;
cucurbit
vegetable
crop
group
at
0.7
ppm;
fruiting
vegetable
crop
group
at
1.0
ppm;
head
lettuce
at
15
ppm;
grapes
at
2.0
ppm;
and
raisins
at
4.0
ppm.
Section
408(
b)(
2)(
A)(
i)
of
the
FFDCA
allows
EPA
to
establish
a
tolerance
(
the
legal
limit
for
a
pesticide
chemical
residue
in
or
on
a
food)
only
if
EPA
determines
that
the
tolerance
is
``
safe.''
Section
408(
b)(
2)(
A)(
ii)
of
the
FFDCA
defines
``
safe''
to
mean
that
``
there
is
a
reasonable
certainty
that
no
harm
will
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