Pesticides; tolerances in food, animal feeds, and raw agricultural commodities: Correction,

[Federal Register: October 10, 2001 (Volume 66, Number 196)]

[Rules and Regulations]

[Page 51585-51587]

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

[DOCID:fr10oc01-14]

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[OPP-301152A; FRL-6803-8]

RIN 2070-AB78

Revocation of Unlimited Tolerance Exemptions; Correction and Reopening of Comment Period

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule; correction and reopening of comment period.

SUMMARY: EPA issued a direct final rule in the Federal Register of August 15, 2001, amending 40 CFR part 180, subpart D, to revoke various exemptions from the requirement of a tolerance. In that document, the Agency inadvertently removed the entire second entry for diethylene glycol, when it should have removed the entire first entry for diethylene glycol, and misspelled ``Sodium mono-, di-, and triisopropyl naphthalenesulfonate.'' This document corrects these errors. Additionally, this document reopens the comment period to provide the public with an opportunity to comment on these corrections and extends the effective date of this final rule.

DATES: If no relevant adverse comments are submitted on or before November 9, 2001, this action will become effective on January 8, 2002.

The effective date for FRL-6793-5 published in the Federal Register of August 15, 2001 (66 FR 42776) is changed to January 8, 2002, if no adverse comments are received on or before November 9, 2001.

ADDRESSES: Adverse comments may be submitted by mail, electronically, or in person. Please follow the detailed instructions for each method as provided in Unit I.C. of the SUPPLEMENTARY INFORMATION of the August 15, 2001 direct final rule. To ensure proper receipt by EPA, it is imperative that you identify docket control number OPP-301152A in the subject line on the first page of your response.

FOR FURTHER INFORMATION CONTACT: By mail: Treva C. Alston, Registration Division (7505C), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460; telephone number: (703) 308-8373; fax number: (703) 305-0599; e-mail address: alston.treva@epa.gov.

SUPPLEMENTARY INFORMATION:

1. Does this Action Apply to Me?

   The Agency included in the direct 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 Get Additional Information, Including Copies of this Document and Other Related Documents?

   1. Electronically. You may obtain electronic copies of this document, and certain other related documents that might be available electronically, from the EPA Internet Home Page at http://www.epa.gov/. To access this document, on the Home Page select

      [[Page 51586]]

      ``Laws and Regulations,'' ``Regulations and Proposed Rules,'' and then look up the entry for this document under the ``Federal Register-- Environmental Documents.'' You can also go directly to the Federal Register listings at http://www.epa.gov/fedrgstr/. A frequently updated electronic version of 40 CFR part 180 is available at http:// www.access.gpo.gov/nara/cfr/cfrhtml_180/Title_40/40cfr180_00.html, a beta site currently under development.

   2. In person. The Agency has established an official record for this action under docket control number OPP-301152A. The official record consists of the documents specifically referenced in this action, any public comments received during an applicable comment period, and other information related to this action, including any information claimed as Confidential Business Information (CBI). This official record includes the documents that are physically located in the docket, as well as the documents that are referenced in those documents. The public version of the official record does not include any information claimed as CBI. The public version of the official record, which includes printed, paper versions of any electronic comments submitted during an applicable comment period, is available for inspection in the Public Information and Records Integrity Branch (PIRIB), Rm. 119, Crystal Mall #2, 1921 Jefferson Davis Hwy., Arlington, VA, from 8:30 a.m. to 4 p.m., Monday through Friday, excluding legal holidays. The PIRIB telephone number is (703) 305-5805.

3. What Does this Document Do?

   In the Federal Register of August 15, 2001 (66 FR 42776) (FRL-6793- 5), EPA issued a direct final rule amending 40 CFR part 180, subpart D, to revoke various exemptions from the requirement of a tolerance. This document corrects the amendatory language to reflect the intent of the Agency. Additionally, this document reopens the comment period to provide the public with an opportunity to comment on these corrections and extends the effective date of this final rule.

4. Regulatory Assessment Requirements

   This final rule implements a technical correction to the CFR, and it does not otherwise impose or amend any requirements. The Office of Management and Budget (OMB) has exempted these types of actions from review under Executive Order 12866, entitled Regulatory Planning and Review (58 FR 51735, October 4, 1993). Because this rule has been exempted from review under Executive Order 12866 due to its lack of significance, this rule is not subject to Executive Order 13211, Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use (66 FR 28355, May 22, 2001). This final rule does not contain any information collections subject to OMB approval under the Paperwork Reduction Act (PRA), 44 U.S.C. 3501 et seq., or impose any enforceable duty or contain any unfunded mandate as described under Title II of the Unfunded Mandates Reform Act of 1995 (UMRA) (Public Law 104-4). Nor does it require any prior consultation as specified by Executive Order 13084, entitled Consultation and Coordination with Indian Tribal Governments (63 FR 27655, May 19, 1998); special considerations as required by Executive Order 12898, entitled Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations (59 FR 7629, February 16, 1994); or require OMB review or any Agency action under Executive Order 13045, entitled Protection of Children from Environmental Health Risks and Safety Risks (62 FR 19885, April 23, 1997). This action does not involve any technical standards that would require Agency consideration of voluntary consensus standards pursuant to section 12(d) of the National Technology Transfer and Advancement Act of 1995 (NTTAA), Public Law 104-113, section 12(d) (15 U.S.C. 272 note). Since tolerances and exemptions that are established on the basis of a petition under FFDCA section 408(d), such as the tolerance in this final rule, do not require the issuance of a proposed rule, the requirements of the Regulatory Flexibility Act (RFA) (5 U.S.C. 601 et seq.) do not apply. In addition, the Agency has determined that this action will not have a substantial direct effect on States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government, as specified in Executive Order 13132, entitled Federalism (64 FR 43255, August 10, 1999). Executive Order 13132 requires EPA to develop an accountable process to ensure ``meaningful and timely input by State and local officials in the development of regulatory policies that have federalism implications.'' ``Policies that have federalism implications'' is defined in the Executive Order to include regulations that have ``substantial direct effects on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government.'' This final rule directly regulates growers, food processors, food handlers and food retailers, not States. This action does not alter the relationships or distribution of power and responsibilities established by Congress in the preemption provisions of FFDCA section 408(n)(4). For these same reasons, the Agency has determined that this rule does not have any ``tribal implications'' as described in Executive Order 13175, entitled Consultation and Coordination with Indian Tribal Governments (65 FR 67249, November 6, 2000). Executive Order 13175, requires EPA to develop an accountable process to ensure ``meaningful and timely input by tribal officials in the development of regulatory policies that have tribal implications.'' ``Policies that have tribal implications'' is defined in the Executive Order to include regulations that have ``substantial direct effects on one or more Indian tribes, on the relationship between the Federal government and the Indian tribes, or on the distribution of power and responsibilities between the Federal government and Indian tribes.'' This rule will not have substantial direct effects on tribal governments, on the relationship between the Federal government and Indian tribes, or on the distribution of power and responsibilities between the Federal government and Indian tribes, as specified in Executive Order 13175. Thus, Executive Order 13175 does not apply to this rule.

5. Submission to Congress and the Comptroller General

   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

   [[Page 51587]]

   and pests, Reporting and recordkeeping requirements.

   Dated: September 21, 2001. Richard P. Keigwin, Jr., Acting Director, Registration Division, Office of Pesticide Programs.

   Therefore, 40 CFR part 180 is corrected as follows:

   PART 180--[CORRECTED]

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

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

   2. In FR Doc. 01-20391 published in the Federal Register of August 15, 2001, on page 42779, in column 3, under amendatory instruction number 2. for 40 CFR 180.1001, correct item ii. to read as follows:

      ``ii. The table in paragraph (d) is amended by removing the entire entry for Calcium hypochlorite; the entire first entry for Diethylene glycol; and the entire entries for Isopropyl alcohol; n-Propanol; and Sodium mono-, di-, and triisopropyl naphthalenesulfonate.''

      [FR Doc. 01-25019Filed10-9-01; 8:45 am]

      BILLING CODE 6560-50-S