[Federal Register Volume 64, Number 71 (Wednesday, April 14, 1999)]
[Rules and Regulations]
[Pages 18359-18360]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-9225]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[OPP-300771A; FRL-6071-6]
RIN 2070-AB78


Imidacloprid; Pesticide Tolerances for Emergency Exemptions; 
Correction

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule; correction.

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SUMMARY: EPA published in the Federal Register of January 20, 1999, a 
document establishing time-limited tolerances for residues of 
imidacloprid in/on legume vegetables (Crop Group 6) and strawberries, 
in connection with issuance of emergency exemptions for these uses. The 
levels given for tolerances were listed correctly throughout most of 
the document, but were inadvertently transposed in the last table. This 
document corrects this error by listing the tolerances levels 
correctly.


[[Page 18360]]


 DATES: This correction becomes effective January 20, 1999.

FOR FURTHER INFORMATION CONTACT: By mail: Andrea Beard, 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) 308-9356; e-mail: 
[email protected].

SUPPLEMENTARY INFORMATION: EPA published a document on January 20, 1999 
(64 FR 3037) (FRL-6051-6), establishing time-limited tolerances for 
residues of imidacloprid in/on legume vegetables (Crop Group 6, 40 CFR 
180.41(c)(6)) and strawberries. This action was in response to EPA's 
granting of emergency exemptions under section 18 of the Federal 
Insecticide, Fungicide, and Rodenticide Act authorizing use of the 
pesticide on legumes and strawberries. This regulation established 
maximum permissible levels for residues of imidacloprid in/on these 
food commodities pursuant to section 408(l)(6) of the Federal Food, 
Drug, and Cosmetic Act, as amended by the Food Quality Protection Act 
of 1996. The tolerances will expire and are revoked on June 30, 2000. 
In publishing these tolerances, the tolerance levels for these 
commodities were listed correctly throughout the document, but were 
inadvertently transposed in the final table. The correct tolerance 
levels are 0.1 ppm in/on strawberries, and 1.0 ppm in/on legume 
vegetables. This document will correct the tolerance levels.

I. Regulatory Assessment Requirements

    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 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.).

II. 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 rule in the Federal Register. This is a 
technical corection to the Federal Register and 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 30, 1999.

James Jones,
Director, Registration Division, Office of Pesticide Programs.

    In FR Doc. 99-1253, published on January 20, 1999 (64 FR 3037), 
make the following correction:


Sec. 180.472  [Corrected]

    On page 3044, in the third column, in Sec. 180.472, in paragraph 
(b), the table is corrected to read as follows:


Sec. 180.472   Imidacloprid; tolerances for residues.

*    *    *    *    *
    (b) * * *

 
------------------------------------------------------------------------
                                                          Expiration/
            Commodity              Parts per million    revocation date
------------------------------------------------------------------------
 
                  *        *        *        *        *
Legume vegetables...............  1.0                 6/30/00
 
Strawberry......................  0.1                 6/30/00
 
                  *        *        *        *        *
------------------------------------------------------------------------

*    *    *    *    *

[FR Doc. 99-9225 Filed 4-13-99; 8:45 am]
BILLING CODE 6560-50-F