[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