Pesticide Tolerance: Spinetoram; Technical Correction

Federal Register: March 19, 2008 (Volume 73, Number 54)

Rules and Regulations

Page 14713-14714

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

DOCID:fr19mr08-20

ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 180

EPA-HQ-OPP-2007-0876; FRL-8344-1

Spinetoram; Pesticide Tolerance; Technical Correction

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule; technical correction.

SUMMARY: EPA issued a final rule in the Federal Register of October 10, 2007, concerning the establishment of a tolerance for the combined residues of the insecticide spinetoram. This document is being issued to correct a technical error, specifically, the omission of the complete tolerance expression under Unit V. and in the regulatory text section of the final rule.

DATES: This final rule is effective March 19, 2008.

ADDRESSES: EPA has established a docket for this action under docket identification (ID) number EPA-HQ-OPP-2007-0876. 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 website 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 Dr., 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

Facility telephone number is (703) 305-5805.

FOR FURTHER INFORMATION CONTACT: Bonaventure Akinlosotu, Registration

Division (7505P), Office of Pesticide Programs, Environmental

Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460- 0001; telephone number: (703) 605-0653; e-mail address: akinlosotu.bonaventure@epa.gov.

SUPPLEMENTARY INFORMATION:

1. General Information

   1. 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.

   2. 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.

2. What Does this Correction Do?

   The final rule, identified as FR Doc. E7-19947 that published in the Federal Register of October 10, 2007 (72 FR 57492) (FRL-8149-9) is corrected to fix a technical error, specifically, the omission of the complete tolerance expression for the combined residues of the insecticide spinetoram under Unit V. (page 57498, second column) and in the regulatory text section (page 57499, first column) of the final rule.

   Unit V. Conclusion, on page 57498, second column, is corrected to read as follows:

   ``Therefore, the tolerance is established for the combined residues of the insecticide spinetoram, expressed as a combination of XDE-175-J: 1-H-as-indaceno[3,2-d]oxacyclododecin-7,15-dione, 2-

   (6-deoxy-3-O-ethyl-2,4-di-O-methyl-a-L-mannopyranosyl)oxy

   -13-

   (2R,5S,6R)-5-(dimethylamino)tetrahydro-6-methyl-2H-pyran-2- yl oxy]-9-ethyl-2,3,3a,4,5,5a,5b,

   Page 14714

   6,9,10,11,12,13,14,16a,16b-hexadecahydro 14-methyl-,

   (2R,3aR,5aR,5bS,9S,13S,14R,16aS,16bR); XDE-175-L: 1H-as- indaceno[3,2-d]oxacyclododecin-7,15-dione, 2-[(6-deoxy-3-O-ethyl- 2,4-di-O-methyl-a-L-mannopyranosyl)oxy]-13-[(2R,5S,6R)-5-

   (dimethylamino)tetrahydro-6-methyl-2H-pyran-2-yl]oxy]-9-ethyl- 2,3,3a,5a,5b,6,9,10,11,12,13,14,16a,16b-tetradecahydro-4,14- dimethyl-, (2S,3aR,5aS,5bS,9S,13S,14R,16aS,16bS); ND-J:

   (2R,3aR,5aR,5bS,9S,13S,14R,16aS,16bR)-9-ethyl-14-methyl-13-

   (2S,5S,6R)-6-methyl-5-(methylamino)tetrahydro-2H-pyran-2-yl oxy]- 7,15-dioxo-2,3,3a,4,5,5a,5b,6,7,9,10,11,12,13,14,15,16a,16b- octadecahydro-1H-as-indaceno[3,2-d]oxacyclododecin-2-yl 6-deoxy-3-O- ethyl-2,4-di-O-methyl-alpha-L-mannopyranoside; and NF-J: (2R,3S,6S)- 6-([(2R,3aR,5aR,5bS,9S,13S,14R,16aS,16bR)-2-[(6-deoxy-3-O-ethyl-2,4- di-O-methyl-alpha-L-mannopyranosyl) oxy]-9-ethyl-14-methyl-7,15- dioxo-2,3,3a,4,5,5a,5b,6,7,9,10,11,12,13,14,15,16a,16b- octadecahydro-1H-as-indaceno[3,2-d]oxacyclododecin-13-yl]oxy)-2- methyltetrahydro-2H-pyran-3-yl(methyl)formamide.''

3. 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 this final rule corrects a technical error and does not otherwise change the original requirements of the final rule. EPA finds that this constitutes good cause under 5 U.S.C. 553(b)(3)(B).

4. Do Any of the Statutory and Executive Order Reviews Apply to this

   Action?

   This final rule corrects a technical error and does not otherwise change the requirements in the final rule. As a technical correction, 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 related to the final rule, see Unit VI. in the Federal Register of October 10, 2007.

5. 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: March 4, 2008.

   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. In Sec. 180.635, the introductory text for paragraph (a) is revised to read as follows:

   Sec. 180.635 Spinetoram; tolerances for residues.

   (a) General. Tolerances are established for the combined residues of the insecticide spinetoram, expressed as a combination of XDE-175-J: 1-H-as-indaceno[3,2-d]oxacyclododecin-7,15-dione, 2-[(6-deoxy-3-O- ethyl-2,4-di-O-methyl-a-L-mannopyranosyl)oxy]-13-[(2R,5S,6R)-5-

   (dimethylamino)tetrahydro-6-methyl-2H-pyran-2-yl]oxy]-9-ethyl- 2,3,3a,4,5,5a,5b,6,9,10,11,12,13,14,16a,16b-hexadecahydro 14-methyl-,

   (2R,3aR,5aR,5bS,9S,13S,14R,16aS,16bR); XDE-175-L: 1H-as-indaceno[3,2- d]oxacyclododecin-7,15-dione, 2-[(6-deoxy-3-O-ethyl-2,4-di-O-methyl-a-

   L-mannopyranosyl)oxy]-13-[(2R,5S,6R)-5-(dimethylamino)tetrahydro-6- methyl-2H-pyran-2-yl]oxy]-9-ethyl- 2,3,3a,5a,5b,6,9,10,11,12,13,14,16a,16b-tetradecahydro-4,14-dimethyl-,

   (2S,3aR,5aS,5bS,9S,13S,14R,16aS,16bS); ND-J:

   (2R,3aR,5aR,5bS,9S,13S,14R,16aS,16bR)-9-ethyl-14-methyl-13-

   (2S,5S,6R)-6-methyl-5-(methylamino)tetrahydro-2H-pyran-2-yl oxy]- 7,15-dioxo-2,3,3a,4,5,5a,5b,6,7,9,10,11,12,13,14,15,16a,16b- octadecahydro-1H-as-indaceno[3,2-d]oxacyclododecin-2-yl 6-deoxy-3-O- ethyl-2,4-di-O-methyl-alpha-L-mannopyranoside; and NF-J: (2R,3S,6S)-6-

   ([(2R,3aR,5aR,5bS,9S,13S,14R,16aS,16bR)-2-[(6-deoxy-3-O-ethyl-2,4-di-O- methyl-alpha-L-mannopyranosyl) oxy]-9-ethyl-14-methyl-7,15-dioxo- 2,3,3a,4,5,5a,5b,6,7,9,10,11,12,13,14,15,16a,16b-octadecahydro-1H-as- indaceno[3,2-d]oxacyclododecin-13-yl]oxy)-2-methyltetrahydro-2H-pyran- 3-yl(methyl)formamide, in or on the following raw agricultural commodities:

   * * * * *

   FR Doc. E8-5402 Filed 3-18-08; 8:45 am

   BILLING CODE 6560-50-S