

[Federal Register: November 16, 2007 (Volume 72, Number 221)]
[Rules and Regulations]               
[Page 64538-64539]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr16no07-10]                         

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2006-0995; FRL-8134-6]

 
Pendimethalin; Pesticide Tolerance Technical Amendment

AGENCY: Environmental Protection Agency (EPA).

ACTION:  Final rule; technical amendment.

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SUMMARY: EPA issued a final rule in the Federal Register of May 16, 
2007, concerning the establishment of tolerances for combined residues 
of pendimethalin and its metabolites, 4-[(1-ethylpropyl)amino]-2-
methyl-3-5-dinitrobenzyl alcohol in or on various commodities. This 
document is being issued to correct the amendatory language.

DATES: This final rule is effective November 16, 2007.

ADDRESSES:  EPA has established a docket for this action under docket 
identification (ID) number EPA-HQ-OPP-2006-0995. To access the 
electronic docket, go to http://www.regulations.gov, select ``Advanced 

Search,'' then ``Docket Search.'' Insert the docket ID number where 
indicated and select the ``Submit'' button. Follow the instructions on 
the regulations.gov web site to view the docket index or access 
available documents. All documents in the docket are listed in the 
docket index available in regulations.gov. 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 Bldg.), 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

[[Page 64539]]

holidays. The Docket Facility telephone number is (703) 305-5805.

FOR FURTHER INFORMATION CONTACT: Phillip V. Errico, Registration 
Division (7505P), Office of Pesticide Programs, Environmental 
Protection Agency, 1200 Pennsylvania Ave., NW., Washington DC 20460-
0001; telephone number: (703) 305-6663; e-mail address: 
errico.phillip@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. 07-9428 published in the Federal Register of May 16, 2007 
(72 FR 27456) (FRL-8120-2) is corrected to clarify the amendatory 
language to paragraph (a) of Sec.  180.361 as it appeared on page 27460 
of the final rule.

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 this technical 
correction final without prior proposal and opportunity for comment, 
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)(3)(B).

IV. Do Any of the Statutory and Executive Order Reviews Apply to this 
Action?

    No. This action only corrects the amendatory language for a 
previously published final rule and does not impose any new 
requirements. EPA's compliance with the statutes and Executive Order 
for the underlying rule is discussed in Unit VI. of the May 16, 2007, 
final rule (72 FR 27456).

V. Congressional Review Act

    The Congressional Review Act, 5 U.S.C. 801 et seq., generally 
provides that before a rule may take effect, the Agency promulgating 
the rule must submit a rule report 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: November 2, 2007.
Lois Rossi,
Director, Registration Division, Office of Pesticide Programs.

0
Therefore, 40 CFR part 180 is amended 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 180.361 is amended in paragraph (a) in the table by removing 
``Bean, lima, seed''; ``Bean, lima, succulent''; and ``Pea, 
succulent''; by revising ``Bean, forage'' and ``Bean, hay''; and by 
alphabetically adding ``Beans'' and ``Peas (except field peas)'' to 
read as follows:


Sec.  180.361  Pendimethalin; tolerances for residues.

    (a) General. * * *

------------------------------------------------------------------------
                      Commodity                        Parts per million
------------------------------------------------------------------------
                                * * * * *
Beans................................................               0.10
Beans, forage........................................               0.10
Beans, hay...........................................               0.10
                                * * * * *
Peas (except field peas).............................               0.10
                                * * * * *
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* * * * *
[FR Doc. E7-22354 Filed 11-15-07; 8:45 am]

BILLING CODE 6560-50-S
