

[Federal Register: July 12, 2006 (Volume 71, Number 133)]
[Rules and Regulations]               
[Page 39211-39213]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr12jy06-7]                         

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2006-0053;FRL-8073-3]

 
Imidacloprid; 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 22, 
2006, concerning the establishment of pesticide tolerances for combined 
residues of imidacloprid on oats and rye. This document is being issued 
to correct a typographical error and a typographical omission.

[[Page 39212]]


DATES: This final rule is effective on July 12, 2006.

ADDRESSES: EPA has established a docket for this action under docket 
identification (ID) number EPA-HQ-OPP-2006-0053. All documents in the 
docket are listed in the index for the docket. 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 in the electronic docket at http://www.regulations.gov, or, 

if only available in hard copy, at the OPP Regulatory Public Docket in 
Rm. S-4400, One Potomac Yard (South Building), 2777 S. Crystal Drive, 
Arlington, VA. The Docket Facility is open from 8:30 a.m. to 4 p.m., 
Monday through Friday, excluding legal holidays. The telephone number 
for the Docket Facility is (703) 305-5805.

FOR FURTHER INFORMATION CONTACT: Meredith Laws, Registration Division 
(7505P), Office of Pesticide Programs, Environmental Protection Agency, 
1200 Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone 
number: (703) 308-7038; e-mail address: laws.meredith@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 
RelatedInformation?

    In addition to using regulations.gov (http://www.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/.
 A frequently updated electronic version of 40 

CFR part 180 is available at E-CFR Beta Site Two at http://www.gpoaccess.gov/ecfr/
.


II. What Does this Correction Do?

    FR Doc. 06-2712 published in the Federal Register of March 22, 2006 
(71 FR 14406) (FRL-7766-8), in the amendment to Sec.  180.472 is being 
corrected because the table in paragraph (a) was inadvertently 
published 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. The amendment also includes a 
typographical error and lists the established tolerance level for 
``Oats, forage'', as ``a2.0'' parts per million. This typographical 
error is being corrected as well.

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 the use of notice and comment procedures are unnecessary to 
effectuate this correction. As such, 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 errors in the amendatory language 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 is discussed in Unit VII. of the March 22, 
2006, final rule (71 FR 14406).

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 28, 2006.
Donald R. Stubbs,
Acting 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. Section 180.472 is amended by alphabetically adding commodities to 
the table in paragraph (a) to read as follows:


Sec.  180.472  Imidacloprid; tolerances for residues.

    (a) * * *


------------------------------------------------------------------------
                                                          Expiration/
            Commodity              Parts per million    Revocation Date
------------------------------------------------------------------------

                              * * * * * * *
Oats, forage                      2.0...............  None
Oats, grain                       0.05..............  None
Oats, hay                         6.0...............  None
Oats, straw                       3.0...............  None

                              * * * * * * *
Rye, forage                       2.0...............  None
Rye, grain                        0.05..............  None
Rye, hay                          6.0...............  None
Rye, straw                        3.0...............  None
------------------------------------------------------------------------


[[Page 39213]]

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[FR Doc. E6-10860 Filed 7-11-06; 8:45 am]

BILLING CODE 6560-50-S
