52353
Federal
Register
/
Vol.
68,
No.
170
/
Wednesday,
September
3,
2003
/
Rules
and
Regulations
Commodity
Parts
per
million
Canola,
seed
0.010
*
*
*
*
*
Mustard,
seed
0.010
*
*
*
*
*

*
*
*
*
*

[
FR
Doc.
03
 
22313
Filed
9
 
2
 
03;
8:
45
am]

BILLING
CODE
6560
 
50
 
S
ENVIRONMENTAL
PROTECTION
AGENCY
40
CFR
Part
180
[
OPP
 
2003
 
0288;
FRL
 
7323
 
9]

Bifenthrin;
Pesticide
Tolerance
for
Emergency
Exemption;
Technical
Amendment
AGENCY:
Environmental
Protection
Agency
(
EPA).
ACTION:
Final
rule;
technical
amendment.

SUMMARY:
EPA
issued
a
final
rule
in
the
Federal
Register
of
September
27,
2001,
to
establish
a
time­
limited
tolerance
for
residues
of
bifenthrin
in
or
on
sweet
potato.
This
action
was
in
response
to
EPA's
granting
of
an
emergency
exemption
under
section
18
of
the
Federal
Insecticide,
Fungicide,
and
Rodenticide
Act
authorizing
use
of
the
pesticide
on
sweet
potato.
This
document
is
being
issued
to
correct
typographical
errors
in
that
original
document.

DATES:
This
document
is
effective
on
September
3,
2003.

FOR
FURTHER
INFORMATION
CONTACT:
Andrea
Conrath,
Registration
Division
(
7505C),
Office
of
Pesticide
Programs,
Environmental
Protection
Agency,
1200
Pennsylvania
Ave.,
NW.,
Washington,
DC
20460
 
0001;
telephone
number:
(
703)
308
 
9356;
e­
mail
address:
conrath.
andrea@
epa.
gov.

SUPPLEMENTARY
INFORMATION:

I.
General
Information
A.
Does
this
Action
Apply
to
Me?

You
may
be
affected
by
this
action
if
you
are
an
agricultural
producer,
food
manufacturer,
or
pesticide
manufacturer.
Potentially
affected
categories
and
entities
may
include,
but
are
not
limited
to:
 
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
provides
a
guide
for
readers
regarding
entities
likely
to
be
affected
by
this
action.
Other
types
of
entities
not
listed
in
the
table
could
also
be
affected.
The
North
American
Industrial
Classification
System
(
NAICS)
codes
have
been
provided
to
assist
you
and
others
in
determining
whether
or
not
this
action
might
apply
to
certain
entities.
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
 
0288.
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.

II.
What
Does
this
Technical
Amendment
Do?
EPA
issued
a
final
rule
in
the
Federal
Register
of
September
27,
2001
(
66
FR
49300)(
FRL
 
6801
 
5),
to
establish
a
time­
limited
tolerance
for
residues
of
bifenthrin
in
or
on
sweet
potato.
This
action
was
in
response
to
EPA's
granting
of
an
emergency
exemption
under
section
18
of
the
Federal
Insecticide,
Fungicide,
and
Rodenticide
Act
authorizing
use
of
the
pesticide
on
sweet
potato.
The
amendment
to
establish
the
tolerance
for
bifenthrin
inadvertently
added
the
tolerance
for
``
sweet
potato''
to
40
CFR
180.442(
a).
However,
40
CFR
180.442(
a)
is
not
designated
for
section
18
emergency
exemptions;
consequently,
the
entry
for
sweet
potato
could
not
be
added
to
§
180.442(
a)
by
the
Office
of
the
Federal
Register.
This
technical
amendment
is
being
issued
to
correctly
add
the
tolerance
for
sweet
potato
to
the
table
in
§
180.442(
b),
which
is
designated
for
time­
limited
tolerances
associated
with
section
18
emergency
exemptions.
In
addition
to
correctly
adding
the
tolerance
to
paragraph
(
b)
of
§
180.442,
based
on
a
final
rule
issued
by
EPA
in
the
Federal
Register
of
July
1,
2003
(
68
FR
39427)(
FRL
 
7308
 
9),
EPA
is
also
changing
the
commodity
term
``
sweet
potato''
to
read
``
sweet
potato,
roots.''

III.
Why
is
this
Technical
Amendment
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
amendment
final
without
prior
proposal
and
opportunity
for
comment,
because
EPA
is
merely
correcting
the
placement
of
a
tolerance
already
issued
and
previously
published
as
a
final
rule,
and
the
commodity
term.
EPA
finds
that
this
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52354
Federal
Register
/
Vol.
68,
No.
170
/
Wednesday,
September
3,
2003
/
Rules
and
Regulations
constitutes
good
cause
under
5
U.
S.
C.
553(
b)(
B).

IV.
Regulatory
Assessment
Requirements
This
final
rule
implements
technical
amendments
to
the
Code
of
Federal
Regulations
and
it
does
not
otherwise
impose
or
amend
any
requirements.
As
such,
the
Office
of
Management
and
Budget
(
OMB)
has
determined
that
a
technical
amendment
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).
Because
this
rule
has
been
exempted
from
review
under
Executive
Order
12866
due
to
its
lack
of
significance,
this
rule
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).
This
final
rule
does
not
contain
any
information
collections
subject
to
OMB
approval
under
the
Paperwork
Reduction
Act
(
PRA),
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
(
UMRA)
(
Public
Law
104
 
4).
Nor
does
it
require
any
special
considerations
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
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).
This
action
does
not
involve
any
technical
standards
that
would
require
Agency
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).
Since
the
action
does
not
require
the
issuance
of
a
proposed
rule,
the
requirements
of
the
Regulatory
Flexibility
Act
(
RFA)
(
5
U.
S.
C.
601
et
seq.)
do
not
apply.
In
addition,
the
Agency
has
determined
that
this
action
will
not
have
a
substantial
direct
effect
on
States,
on
the
relationship
between
the
national
government
and
the
States,
or
on
the
distribution
of
power
and
responsibilities
among
the
various
levels
of
government,
as
specified
in
Executive
Order
13132,
entitled
Federalism
(
64
FR
43255,
August
10,
1999).
Executive
Order
13132
requires
EPA
to
develop
an
accountable
process
to
ensure
``
meaningful
and
timely
input
by
State
and
local
officials
in
the
development
of
regulatory
policies
that
have
federalism
implications.''
``
Policies
that
have
federalism
implications''
is
defined
in
the
Executive
Order
to
include
regulations
that
have
``
substantial
direct
effects
on
the
States,
on
the
relationship
between
the
national
government
and
the
States,
or
on
the
distribution
of
power
and
responsibilities
among
the
various
levels
of
government.''
This
action
does
not
alter
the
relationships
or
distribution
of
power
and
responsibilities
established
by
Congress
in
the
preemption
provisions
of
FFDCA
section
408(
n)(
4).
For
these
same
reasons,
the
Agency
has
determined
that
this
rule
does
not
have
any
``
tribal
implications''
as
described
in
Executive
Order
13175,
entitled
Consultation
and
Coordination
with
Indian
Tribal
Governments
(
65
FR
67249,
November
6,
2000).
Executive
Order
13175,
requires
EPA
to
develop
an
accountable
process
to
ensure
``
meaningful
and
timely
input
by
tribal
officials
in
the
development
of
regulatory
policies
that
have
tribal
implications.''
``
Policies
that
have
tribal
implications''
is
defined
in
the
Executive
Order
to
include
regulations
that
have
``
substantial
direct
effects
on
one
or
more
Indian
tribes,
on
the
relationship
between
the
Federal
government
and
the
Indian
tribes,
or
on
the
distribution
of
power
and
responsibilities
between
the
Federal
government
and
Indian
tribes.''
This
rule
will
not
have
substantial
direct
effects
on
tribal
governments,
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,
as
specified
in
Executive
Order
13175.
Thus,
Executive
Order
13175
does
not
apply
to
this
rule.

V.
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:
August
21,
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.
Section
180.442
is
amended
by
alphabetically
adding
the
commodity
``
sweet
potato,
roots''
to
the
table
in
paragraph
(
b)
to
read
as
follows:

§
180.442
Bifenthrin;
tolerances
for
residues.

*
*
*
*
*
(
b)
*
*
*

Commodity
Parts
per
million
Expiration/
revocation
date
*
*
*
*
*
Sweet
potato,
roots
0.05
12/
31/
03
*
*
*
*
*

*
*
*
*
*

[
FR
Doc.
03
 
22314
Filed
9
 
2
 
03;
8:
45
a.
m.]

BILLING
CODE
6560
 
50
 
S
ENVIRONMENTAL
PROTECTION
AGENCY
40
CFR
Part
180
[
OPP
 
2003
 
0267;
FRL
 
7321
 
3]

Lambda
Cyhalothrin;
Pesticide
Tolerances
for
Emergency
Exemptions
AGENCY:
Environmental
Protection
Agency
(
EPA).
ACTION:
Final
rule.

SUMMARY:
This
regulation
establishes
a
time­
limited
tolerance
for
combined
residues
of
the
pyrethroid
lambdacyhalothrin
1:
1
mixture
of
(
S)­
a­
cyano­
3­
phenoxybenzyl­(
Z)­(
1R,
3R)­
3­(
2­
chloro­
3,3,3­
trifluoroprop­
1­
enyl)­
2,2­
dimethylcyclopropanecarboxylate
and
(
R)­
a­
cyano­
3­
phenoxybenzyl­(
Z)­
(
1S,
3S)­
3­(
2­
chloro­
3,3,3­
trifluoroprop­
1­
enyl)­
2,2­
dimethylcyclopropanecarboxylate
and
its
epimer
expressed
as
epimer
of
lambda­
cyhalothrin,
a
1:
1
mixture
of
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