
[Federal Register Volume 77, Number 13 (Friday, January 20, 2012)]
[Rules and Regulations]
[Pages 2910-2911]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-994]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2010-0944; FRL-9334-3]


Bacillus Amyloliquefaciens Strain D747; Exemption From the 
Requirement of a 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 January 6, 
2012, concerning the establishment of an exemption from the requirement 
of a tolerance for residues of Bacillus amyloliquefaciens strain D747 
(formerly known as Bacillus subtilis variant amyloliquefaciens strain 
D747). This document is being issued to correct the typographical error 
in the codified section number.

DATES: This final rule is effective January 20, 2012.

[[Page 2911]]


ADDRESSES: EPA has established a docket for this action under docket 
identification (ID) number EPA-HQ-OPP-2010-0944. All documents in the 
docket are listed in the docket index available in http://www.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 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 Bldg.), 2777 S. Crystal Dr., Arlington, VA. The Docket 
Facility is open from 8:30 a.m. to 4 p.m., Monday through Friday, 
excluding legal holidays. The Docket Facility telephone number is (703) 
305-5805.

FOR FURTHER INFORMATION CONTACT: Susanne Cerrelli, Biopesticides and 
Pollution Prevention Division (7511P), Office of Pesticide Programs, 
Environmental Protection Agency, 1200 Pennsylvania Ave. NW., Washington 
DC 20460-0001; telephone number: (703) 308-8077; email address: 
cerrelli.susanne@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?

    EPA is correcting the section designation for Sec.  180.308, which 
was added to 40 CFR in the Federal Register of January 6, 2012, (77 FR 
745). This section was inadvertently designated as Sec.  180.308. EPA 
is correcting the section number by redesignating Sec.  180.308 as 
Sec.  180.1308.

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 
correction final without prior proposal and opportunity for comment, 
because EPA is merely making a technical change to the section number 
which is not a substantive change. 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?

    All applicable statutory requirements were discussed in the final 
rule that was printed on January 6, 2012. The only other statutory 
requirement deemed necessary is discussed above.

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: January 9, 2012.
Steven Bradbury,
Director, Office of Pesticide Programs.


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Therefore, 40 CFR part 180 is amended as follows:

PART 180--[AMENDED]

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

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


Sec.  180.308  [Redesignated as Sec.  180.1308]

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2. Redesignate Sec.  180.308[emsp14]as Sec.  180.1308.

[FR Doc. 2012-994 Filed 1-19-12; 8:45 am]
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