

[Federal Register: June 23, 2006 (Volume 71, Number 121)]
[Rules and Regulations]               
[Page 36014-36015]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr23jn06-8]                         

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2006-0510; FRL-8073-9]

 
Spinosad; Pesticide Tolerance Technical 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 March 8, 
2006 (FRL-7758-2) concerning the establishment of tolerances for 
residues of spinosad in or on various commodities. This document is 
being issued to correct a typographical omission.

DATES: This final rule is effective June 23, 2006.

ADDRESSES: EPA has established a docket for this action under docket 
identification (ID) number EPA-HQ-OPP-2006-0510. All documents in the 
docket are listed on the regulations.gov web site. 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 Building), 2777 S. Crystal Drive 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 
telephone number is (703) 305-5805.

FOR FURTHER INFORMATION CONTACT: Sidney Jackson, Registration Division 
(7505P), Office of Pesticide Programs, Environmental Protection Agency, 
1200 Pennsylvania Ave., NW., Washington DC 20460-0001; telephone 
number: (703) 305-7610; e-mail address:jackson.sidney@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?

    FR Doc. 06-1939 published in the Federal Register of March 8, 2006 
(71 FR 11519) (FRL-7758-2) is corrected as follows:
    On page 11526, in the amendment to Sec. 180.495 (a), the table 
establishing tolerances appeared as a two column table. The table 
should have appeared as a three column table. The omitted third column 
should include the heading ``Expiration/Revocation Date'', and the 
entry ``None'' to correspond to the tolerance listed in each row. This 
document is being published to correct that omission.

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 because the use of notice and comment procedures are 
unnecessary to effectuate this correction. 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?

    No. This action only corrects typographically omissions for a 
previously published final rule and does not impose any new 
requirements. EPA's compliance with the statutes and Executive Orders 
for the underlying rule

[[Page 36015]]

is discussed in Unit VII. of the March 8, 2006, final rule (71 FR 
11519).

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: June 14, 2006.
Lois Rossi,
Director, Registration Division, Office of Pesticide Programs.

0
Therefore, 40 CFR part 180 is corrected as follows:

PART 180--[AMENDED]

0
1. The authority citation for part 180 continues to read as follows:

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

0
2. As published in the Federal Register of March 8, 2006, on page 
11526, second column, the amendatory instruction 2.i. to Sec.  180.495, 
is corrected to read as follows:
0
2. Section 180.495 is amended:
    i. In paragragh (a), in the table, by removing: Corn, forage at 1.0 
ppm; corn, hay at 1.0 ppm; corn stover at 1.0 ppm; corn straw at 1.0 
ppm; grass, forage, fodder and hay, group 17 at 0.02 ppm; sorghum, 
forage at 1.0 ppm; sorghum, forage, hay at 1.0 ppm; sorghum, grain, 
stover at 1.0 ppm; sorghum, straw at 1.0 ppm; wheat, forage at 1.0 ppm; 
wheat, hay at 1.0 ppm and wheat, straw at 1.0 ppm; and by 
alphabetically adding the commodities as set forth below.


Sec.  180.495  Spinosad; tolerances for residues.

    (a) * * *

------------------------------------------------------------------------
                                                             Expiration/
                   Commodity                     Parts per    Revocation
                                                  million        Date
------------------------------------------------------------------------
                              * * * * * * *
Alfalfa, seed.................................         0.15         None
Alfalfa, seed screenings......................          2.0         None
Animal feed, nongrass, group, 18, forage......         35.0         None
Animal feed, nongrass, group, 18, hay.........         30.0         None
                              * * * * * * *
Banana........................................         0.25         None
Food commodities..............................         0.02         None
Grain, cereal, group 16, forage, except rice..          2.5         None
Grain, cereal, group 16, hay, except rice.....         10.0         None
Grain, cereal, group, 16, stover, except rice.         10.0         None
Grain, cereal, group, 16, straw, except rice..          1.0         None
                              * * * * * * *
Grass, forage, fodder and hay, group 17,               10.0         None
 forage.......................................
Grass, forage, fodder and hay, group 17, hay..          5.0         None
                              * * * * * * *
Onion, green..................................          2.0         None
                              * * * * * * *
Peanut, hay...................................         11.0         None
Peppermint, tops..............................          3.5         None
                              * * * * * * *
Spearmint, tops...............................          3.5         None
                              * * * * * * *
Vegetable, bulb, group 3, except green onion..         0.10        None.
                              * * * * * * *
------------------------------------------------------------------------

* * * * *

[FR Doc. 06-5629 Filed 6-22-06; 8:45 am]

BILLING CODE 6560-50-S
