[Federal Register Volume 64, Number 128 (Tuesday, July 6, 1999)]
[Rules and Regulations]
[Pages 36252-36254]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-16961]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[OPP-300863A; FRL-6089-3]
RIN 2070-AB78


Difenoconazole; Pesticide Tolerance; Technical Amendment

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule; Technical amendment.

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SUMMARY: EPA is issuing a technical amendment to the regulation which 
established tolerances for the fungicide Difenoconazole, that published 
in the Federal Register on June 2, 1999. This amendment correctly 
revises 40 CFR 180.475.


[[Page 36253]]


DATES: This regulation is effective July 6, 1999.

FOR FURTHER INFORMATION CONTACT:  By mail: Cynthia Giles-Parker, 
Registration Division (7505C), Office of Pesticide Programs, U.S. 
Environmental Protection Agency, 401 M St., SW., Washington, DC 20460; 
telephone number: 703-305-7740; e-mail address: giles-
[email protected].

SUPPLEMENTARY INFORMATION:

I. Does this Action Apply to Me?

    You may be affected by this action if you import commodities 
containing residues of Difenoconazole. If you have any questions 
regarding the applicability of this action to a particular entity, 
consult the person listed in the ``FOR FURTHER INFORMATION CONTACT'' 
section.

 II. 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 various support documents from the EPA Internet Home Page 
at http://www.epa.gov/. On the Home Page select ``Laws and 
Regulations'' 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/.
    2. In person. The Agency has established an official record for 
this action under docket control number [OPP-300863A]. 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 (CM #2), 1921 Jefferson Davis Highway, 
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.

III. What Does this Technical Correction Do?

    This technical correction revises 40 CFR 180.475 which published in 
the Federal Register of June 2, 1999 (64 FR 29581) (FRL-6081-5), and 
inadvertently omitted certain commodities and should have reserved 
paragraph (c).
    This correction to the pesticide tolerance is subject to the 
objection procedures in FFDCA section 408(g) and 40 CFR part 178.

IV. 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 correction 
contained in this action will simply correct by revising 180.475 to 
include the commodities that were inadvertently omitted. EPA therefore 
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. For the same reasons, EPA 
also finds that there is ``good cause'' under FFDCA section 408(b)(2) 
to make this minor modification to the establishment of tolerances 
without notice and comment.

V. 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) (Public 
Law 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), 
Public Law 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 
June 2, 1999 final rule, which established tolerances for residues of 
the fungicide Difenoconazole in or on bananas, as discussed in the 
preamble for the final rule (64 FR 29581, at 29588).

VI. 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. 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, 
Agricultural Commodities, Pesticides and Pests, Reporting and 
Recordkeeping Requirements.

    Dated: June 23, 1999.

James Jones,
Director, Registration Division, Office of Pesticide Programs.
    Therefore, 40 CFR chapter I is amended as follows:

[[Page 36254]]

PART 180--[AMENDED]

    1. The authority citation for part 180 continues to read as 
follows:
     Authority: 21 U.S.C. 321(q), 346(a) and 371.

Sec. 180.475 [Amended]

    2. Section 180.475 is revised to read as follows:


Sec. 180.475  Difenoconazole; tolerances for residues.

    (a) General. Tolerances are established for residues of the 
fungicide difenoconazole (((2S,4R)/(2R,4S)/ (2R,4R)/(2S,4S)) (1-((2-(2-
chloro-4-(4-chlorophenoxy)phenyl)-4-methyl-1,3- dioxolan-2-yl)methyl)-
1H-1,2,4-triazole) in or on the following raw agricultural commodities:

 
------------------------------------------------------------------------
                   Commodity                        Parts per million
------------------------------------------------------------------------
Bananas\2\.....................................                      0.2
Barley grain\1\................................                      0.1
Cattle, fat....................................                     0.05
Cattle, meat...................................                     0.05
Cattle, meat byproducts........................                     0.05
Eggs...........................................                     0.05
Goats, fat.....................................                     0.05
Goats, meat....................................                     0.05
Goats, meat byproducts.........................                     0.05
Hogs, fat......................................                     0.05
Hogs, meat.....................................                     0.05
Hogs, meat byproducts..........................                     0.05
Horses, fat....................................                     0.05
Horses, meat...................................                     0.05
Horses, meat byproducts........................                     0.05
Milk...........................................                     0.01
Poultry, fat...................................                     0.05
Poultry, meat..................................                     0.05
Poultry, meat byproducts.......................                     0.05
Rye, grain\1\..................................                      0.1
Sheep, fat.....................................                     0.05
Sheep, meat....................................                     0.05
Sheep, meat byproducts.........................                     0.05
Wheat, forage..................................                      0.1
Wheat, grain...................................                      0.1
Wheat, straw...................................                      0.1
 
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\1\There are no U.S. registrations on Barley, grain and Rye, grain as of
  April 12, 1995.
\2\There are no U.S. registrations on Bananas as of June 2, 1999.


    (b) Section 18 emergency exemptions. [Reserved]
    (c) Tolerances with regional registrations. [Reserved]
    (d) Indirect or inadvertent residues. [Reserved]

[FR Doc. 99-16961 Filed 7-2-99; 8:45 am]
BILLING CODE 6560-50-F