[Federal Register Volume 64, Number 76 (Wednesday, April 21, 1999)]
[Rules and Regulations]
[Pages 19493-19494]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-10005]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 180 and 186
[OPP-300719A; FRL-6075-7]
RIN 2070-AB78
Mepiquat Chloride; Pesticide Tolerances for Emergency Exemptions,
Correction
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule, correction.
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SUMMARY: This document corrects a tolerance regulation which
established time-limited tolerances for residues of mepiquat chloride,
(N,N-dimethylpiperidinium chloride) in or on grapes and raisins.
DATES: This correction is effective September 29, 1998.
FOR FURTHER INFORMATION CONTACT: By mail: Andrew Ertman, 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) 308-9367, e-mail:
[email protected].
SUPPLEMENTARY INFORMATION:
I. What Action is EPA Taking?
EPA is making a minor correction to a tolerance regulation that it
issued in the Federal Register on September 29, 1998 (63 FR 51841; FRL-
6032-6). The tolerance regulation established time-limited tolerances
for residues of mepiquat chloride (N,N-dimethylpiperidinium chloride)
in or on grapes at 1.0 part per million (ppm) and raisins at 6.0 ppm.
The regulation amended 40 CFR 180.384 and 186.2275. EPA established
this time-limited tolerance on its own initiative pursuant to sections
408(e) and (l)(6) of the Federal Food, Drug, and Cosmetic Act (FFDCA),
21 U.S.C. 346a(e) and (l)(6).
This document corrects the amendatory instructions that were
provided for Sec. 186.2275 in the September 29, 1998 Federal Register
document. Specifically, on page 51848, in the first column, under part
186, the amendatory instruction ``b'' is corrected to read as follows:
``b. In Sec. 186.2275, by transferring the entry for `cottonseed
meal' from the table and adding it alphabetically to the table in newly
designated paragraph (a) of Sec. 180.384, and by removing the remainder
of Sec. 186.2275.''
II. Why Is this Technical Correction Issued as a Final Rule?
EPA is publishing this action as a final rule without prior notice
and opportunity to comment because the Agency believes that providing
notice and an opportunity to comment is unnecessary and would be
contrary to the public interest. As explained above, the corrections
contained in this action will simply correct the erroneous instructions
for amending Sec. 186.2275 contained in the September 29, 1998 Federal
Register document. These instructions do not in any way impact the
action presented in the September 29, 1998 Federal Register document.
EPA therefore finds that there is ``good cause'' under section
553(b)(3)(B) of the Administrative Procedure Act (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 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.).
EPA's compliance with these statutes and Executive Orders for the
issuance of the underlying rule is discussed in the preamble for that
rule (63 FR 51841, September 29, 1998).
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 September 29, 1998. Pursuant to 5
U.S.C 808(2), this determination is
[[Page 19494]]
supported by the brief statement in Unit II. of this preamble. 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).
V. Correction
In FR Doc. 98-25984, in the September 29, 1998 issue of the Federal
Register, on page 51848, in the first column, under part 186, correct
amendatory instruction ``b.'' to read as follows:
``b. In Sec. 186.2275 by transferring the entry for `cottonseed
meal' from the table and adding it alphabetically to the table in newly
designated paragraph (a) of Sec. 180.384, and by removing the remainder
of Sec. 186.2275.''
List of Subjects 40 CFR Parts 180 and 186
Environmental protection, Administrative practice and procedure,
Agricultural commodities, Pesticides and pests, Reporting and
recordkeeping requirements.
Dated: April 2, 1999.
Donald R. Stubbs,
Acting Director, Registration Division, Office of Pesticide Programs.
[FR Doc. 99-10005 Filed 4-20-99; 8:45 am]
BILLING CODE 6560-50-F