[Federal Register Volume 64, Number 41 (Wednesday, March 3, 1999)]
[Rules and Regulations]
[Pages 10233-10234]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-5103]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[OPP-300767A; FRL-6049-2]


Dicamba (3,6-dichloro-o-anisic acid); Pesticide Tolerance, 
Technical Correction

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule, correction.

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SUMMARY: This document makes a technical correction to the dicamba 
pesticide tolerance regulations that established, revised and revoked 
tolerances for use of the combined residues of dicamba on various raw 
agricultural commodities.

DATES: This technical correction is effective on March 3, 1999.


FOR FURTHER INFORMATION CONTACT: By mail: Joanne I. Miller, 
Registration Division (7505C), Office of Pesticide Programs, 
Environmental Protection Agency, 401 M St., SW., Washington, DC 20460. 
Office location, telephone number, and e-mail address: Crystal Mall #2, 
1921 Jefferson Davis Hwy., Arlington, VA, (703) 305-6224, e-mail: 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    In the Federal Register of November 20, 1998 (63 FR 64481)(FRL-
6043-9), EPA issued a notice pursuant to section 408 of the Federal 
Food, Drug, and Cosmetic Act (FFDCA), 21 U.S.C. 346a(e) announcing the 
filing of pesticide petitions (PP 6F4604, 4F3041 and FAP 4H5428) for 
tolerances by BASF Corporation. This notice included a summary of the 
petitions prepared by BASF. There were no comments received in response 
to the notice of filing.
    In the Federal Register of January 6, 1999 (64 FR 759)(FRL-6049-2) 
EPA issued a rule amending 40 CFR 180.227 by establishing, revising and 
revoking tolerances for combined residues of the herbicide dicamba 
(3,6-dichloro-o-anisic acid) and its metabolites 3,6-dichloro-5-
hydroxy-o-anisic acid and 3,6-dichloro-2-hydroxybenzoic acid.

II. Why is this Technical Correction Issued as a Final Rule?

    EPA is publishing this action as a final rule without prior notice 
and comment because the Agency believes that providing notice and 
comment is unnecessary and would be contrary to the public interest. As 
explained in Unit II of this preamble, the corrections contained in 
this action will correct errors in the preamble and the amendatory 
instructions to a previously published Final rule. EPA finds that there 
is ``good cause'' under section 553(b)(3)(B) of the Administrative 
Procedure Act (APA) (5 U.S.C. 553(b)(3)(B) to make this amendment 
without prior notice and comment.

III. Do Any of the Regulatory Assessment Requirements Apply to this 
Action?

    No. This final rule does not impose any new requirements. It only 
implements a technical correction to the Code of Federal Regulations 
(CFR). As such, this action does not require review by the Office of 
Management and Budget (OMB) under Executive Order 12866, entitled 
Regulatory Planning and Review (58 FR 51735, October 4, 1993), the 
Paperwork Reduction Act (PRA), 44 U.S.C. 3501 et seq., or Executive 
Order 13045, entitled Protection of Children from Environmental Health 
Risks and Safety Risks (62 FR 19885, April 23, 1997). This action does 
not impose any enforceable duty, contain any unfunded mandate, or 
impose any significant or unique impact on small governments as 
described in the Unfunded Mandates Reform Act of 1995 (UMRA) (Pub. L. 
104-4). Nor does it require prior

[[Page 10234]]

consultation with State, local, and tribal government officials as 
specified by Executive Order 12875, entitled Enhancing the 
Intergovernmental Partnership (58 FR 58093, October 28, 1993) and 
Executive Order 13084, entitled Consultation and Coordination with 
Indian Tribal Governments (63 FR 27655, May 19,1998), or special 
consideration of environmental justice related issues under Executive 
Order 12898, entitled Federal Actions to Address Environmental Justice 
in Minority Populations and Low-Income Populations (59 FR 7629, 
February 16, 1994). 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), Pub. L. 104-
113, section 12(d) (15 U.S.C. 272 note). In addition, since this action 
is not subject to notice-and-comment requirements under the 
Administrative Procedure Act (APA) or any other statute, it is not 
subject to the regulatory flexibility provisions of the Regulatory 
Flexibility Act (RFA) (5 U.S.C. 601 et seq.).

IV. Will EPA Submit this Final Rule to Congress and the Comptroller 
General?

    Yes. 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. Section 808 allows the issuing agency to 
make a good cause finding that notice and public procedure is 
impracticable, unnecessary or contrary to the public interest. This 
determination must be supported by a brief statement. 5 U.S.C. 808(2). 
EPA has made such a good cause finding for this final rule, and 
established an effective date of March 3, 1999. Pursuant to 5 U.S.C 
808(2), this determination is supported by the brief statement in Unit 
III of this document. 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 the rule in the Federal Register. This 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, 
Agriculatural commodities, Pesticides and pest, Reporting and 
recordkeeping requirements.
    This technical amendment corrects an error in the preamble to the 
rule, the amendatory language instruction, and reformats one of the 
entries in the table to Sec. 180.227 in the January 6, 1999 (FR doc. 
99-109), decamba tolerance amendments. The corrections are:
    1. On page 759, in the third column, the first full paragraph from 
the top of the page is corrected to read as follows:
    ``These petitions requested that 40 CFR 180.227 be amended by 
establishing, revising and revoking tolerances for combined residues of 
the herbicide dicamba (3,6-dichloro-o-anisic acid) and its metabolites 
3,6-dichloro-5-hydroxy-o-anisic acid and 3,6-dichloro-2-hydroxybenzoic 
acid in or on the commodities listed in the summary of this Final 
Rule.''
    2. On page 769, in the first column, in instruction 3., amendatory 
language item ``i.'' is revised to read as follows:
    ``i. In newly designated paragraph (a)(1), by revising the entries 
for the following commodities: barley, grain; barley, straw; wheat, 
grain; and wheat, straw; by adding alphabetically entries for barley, 
hay; corn, field, forage; corn, field, stover; corn, pop stover; 
cottonseed; cottonseed, meal; crop group 17 (grass, forage, fodder and 
hay); grass, forage; grass, hay; oat, forage; oats, hay; wheat, forage; 
and wheat, hay; and by removing the entries for asparagus; grasses, 
hay; grasses, pasture; and grasses, rangeland''.
    3. In the second column, Sec. 180.227, the table to paragraph 
(a)(1) is amended to correct the entry for ``Crop group 17 (grass, 
forage, fodder and hay); grass, forage; and grass, hay''.

 
------------------------------------------------------------------------
                 Commodity                        Parts per million
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                  *        *        *        *        *
Crop Group 17 (grass, forage, fodder and
 hay):.
  Grass, forage...........................  125.0
  Grass, hay..............................  200.0
                  *        *        *        *        *
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    Dated: February 19, 1999.

James Jones,

Director, Registration Division, Office of Pesticide Programs.

[FR Doc. 99-5103 Filed 3-2-99; 8:45 am]
BILLING CODE 6560-50-F