
[Federal Register Volume 77, Number 150 (Friday, August 3, 2012)]
[Rules and Regulations]
[Pages 46306-46307]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-18507]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2010-0421; FRL-9355-6]


Fluxapyroxad; Pesticide Tolerances 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 14, 
2012, concerning the establishment of pesticide tolerances for the new 
fungicide active ingredient fluxapyroxad. Inadvertently, the 
terminology for the oilseed crop group and for dried plums was 
incorrect. This technical amendment is being issued to correct the 
terminology.

DATES: This final rule is effective August 3, 2012.

ADDRESSES: The docket for this action, identified by docket 
identification (ID) number EPA-HQ-OPP-2010-0421; FRL-9355-6, is 
available either electronically through http://www.regulations.gov or 
in hard copy at the OPP Docket in the Environmental Protection Agency 
Docket Center (EPA/DC), located in EPA West, Rm. 3334, 1301 
Constitution Ave. NW., Washington, DC 20460-0001. The Public Reading 
Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, 
excluding legal holidays. The telephone number for the Public Reading 
Room is (202) 566-1744, and the telephone number for the OPP Docket is 
(703) 305-5805. Please review the visitor instructions and additional 
information about the docket available at http://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: Olga Odiott, Registration Division 
(7505P), Office of Pesticide Programs, Environmental Protection Agency, 
1200 Pennsylvania Ave. NW., Washington, DC 20460-0001; telephone 
number: (703) 308-9369; email address: odiott.olga@epa.gov.

SUPPLEMENTARY INFORMATION: 

I. 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.

II. What does this technical correction do?

    In the Federal Register of May 14, 2012 (77 FR 28270) (FRL-9346-7), 
EPA issued a final rule establishing tolerances for the new fungicide 
active ingredient fluxapyroxad (40 CFR 180.666) in or on various 
commodities. Inadvertently, the commodity terminology for the oilseed 
crop group and for dried plums was incorrectly expressed. This document 
is being issued to correct the terminology for these commodities.

III. Why is this correction issued as a final rule?

    Section 553 of the Administrative Procedure Act (APA), 5 U.S.C. 
553(b)(3)(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 amendment 
final without prior proposal and opportunity for comment, because this 
technical amendment only revises the terminology of two (2) 
commodities, with no other related changes to tolerance levels or any 
requirements of the final rule. 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?

    This technical amendment only revises the terminology of two 
commodities and does not otherwise change the original requirements of 
the final rule. As a technical amendment, this action is not subject to 
the statutory and Executive Order review requirements. For information 
about the statutory and Executive Order review requirements as they 
relate to the final rule, see Unit VI. in the Federal Register of May 
14, 2012 (77 FR 28270) (FRL-9346-7).

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

[[Page 46307]]

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, Agricultural commodities, Pesticides and 
pest.

    Dated: July 23, 2012.
Lois Rossi,
Director, Registration Division, Office of Pesticide Programs.

    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. In Sec.  [emsp14]180.666, by removing the entries for ``Oilseeds, 
group 20'' and ``Plum, prune'' and adding in their place entries for 
``Oilseeds, group 20 (except cottonseed)'' and ``Plum, prune, dried'' 
in the table to paragraph (a) to read as follows:


Sec.  [emsp14]180.666  Fluxapyroxad; tolerances for residues.

    (a) * * *

------------------------------------------------------------------------
                                                               Parts per
                          Commodity                             million
------------------------------------------------------------------------
 
                                * * * * *
Oilseeds, group 20 (except cottonseed)......................         0.9
 
                                * * * * *
Plum, prune, dried..........................................         3.0
 
                                * * * * *
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[FR Doc. 2012-18507 Filed 8-2-12; 8:45 am]
BILLING CODE 6560-50-P


