[Federal Register Volume 65, Number 66 (Wednesday, April 5, 2000)]
[Rules and Regulations]
[Pages 17773-17775]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-8265]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[OPP-300960A; FRL-6551-9]
RIN 2070-AB78


Spinosad; Pesticide Tolerance Technical Correction

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule; technical correction.

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SUMMARY: EPA issued a final rule in the Federal Register of January 12, 
2000, establishing tolerances for spinosad. This document is being 
issued to correct tolerances for ``animal feed, nongrass, group'' at 
0.02 ppm, ``apple'' at 0.2 ppm, ``barley, grain'' at 0.02 ppm, and 
``teosinte, grain'' at 0.02 ppm.

DATES: This document is effective April 5, 2000.

FOR FURTHER INFORMATION CONTACT: By mail: Sidney Jackson, Registration 
Division (7505C), Office of Pesticide Programs, Environmental 
Protection Agency, Ariel Rios Bldg., 1200 Pennsylvania Ave., NW., 
Washington, DC 20460; telephone number: (703) 305-7610; e-mail address: 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Does this Action Apply to Me?

    The Agency included in the final rule a list of those who may be 
potentially affected by this action. If you have questions regarding 
the applicability of this action to a particular entity, consult the 
person listed under `` FOR FURTHER INFORMATION CONTACT.''

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 certain other related documents that might be available 
electronically, from the EPA Internet Home Page at http://www.epa.gov/. 
To access this document, 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-300960A. The official 
record consists of the documents specifically referenced in this 
action, any public

[[Page 17774]]

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, 1921 Jefferson Davis Hwy., 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?

    A final rule to establish tolerances for spinosad on various 
commodities was published in the Federal Register of January 12, 2000 
(65 FR 1802) (FRL-6399-7). This correction is being published to 
establish tolerances for ``animal feed, nongrass, group'' at 0.02 ppm, 
``apple'' at 0.2 ppm, ``barley, grain'' at 0.02 ppm, and ``teosinte, 
grain'' at 0.02 ppm which were incorrectly listed in the table in 
Sec. 180.495(a).

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 Sec. 180.495(a) by 
revising the listing and residue tolerances for commodities that were 
incorrectly stated. 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) 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 a tolerance without notice and comment.

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

    No. This final rule implements technical corrections to the Code of 
Federal Regulations (CFR), and does not impose any new requirements.
    Under Executive Order 12866, entitled Regulatory Planning and 
Review (58 FR 51735, October 4, 1993), the Office of Management and 
Budget (OMB) has determined that a technical correction is not a 
``significant regulatory action'' subject to review by OMB.
    Because this action is not economically significant as defined by 
section 3(f) of Executive Order 12866, this action is not subject to 
Executive Order 13045, entitled Protection of Children from 
Environmental Health Risks and Safety Risks (62 FR 19885, April 23, 
1997).
    This action will not result in environmental justice related issues 
and does not, therefore, require special consideration under Executive 
Order 12898, entitled Federal Actions to Address Environmental Justice 
in Minority Populations and Low-Income Populations (59 FR 7629, 
February 16, 1994).
    Since the Agency has made a ``good cause'' finding that this action 
is not subject to notice-and-comment requirements under the APA or any 
other statute (see Unit IV.), this action is not subject to the 
regulatory flexibility provisions of the Regulatory Flexibility Act 
(RFA) (5 U.S.C. 601 et seq.), or to sections 202 and 205 of the 
Unfunded Mandates Reform Act of 1995 (UMRA) (Public Law 104-4). In 
addition, this action does not significantly or uniquely affect small 
governments or impose a significant intergovernmental mandate, as 
described in sections 203 and 204 of UMRA. Nor does this action 
significantly or uniquely affect the communities of tribal governments 
as specified by Executive Order 13084, entitled Consultation and 
Coordination with Indian Tribal Governments (63 FR 27655, May 10, 
1998). This rule will not have substantial direct effects on the 
States, on the relationship between the national government and the 
States, or on the distribution of power and responsibilities among the 
various levels of government, as specified in Executive Order 13132, 
entitled Federalism (64 FR 43255, August 10, 1999).
    This action does not involve any technical standards that require 
the Agency's 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).
    This rule does not contain any information collection requirements 
that require review and approval by OMB pursuant to the Paperwork 
Reduction Act of 1995 (PRA) (44 U.S.C. 3501 et seq.).
    In issuing this rule, EPA has taken the necessary steps to 
eliminate drafting errors and ambiguity, minimize potential litigation, 
and provide a clear legal standard for affected conduct, as required by 
section 3 of Executive Order 12988, entitled Civil Justice Reform (61 
FR 4729, February 7, 1996).
    EPA has complied with Executive Order 12630, entitled Governmental 
Actions and Interference with Constitutionally Protected Property 
Rights (53 FR 8859, March 15, 1988), by examining the takings 
implications of this rule in accordance with the ``Attorney General's 
Supplemental Guidelines for the Evaluation of Risk and Avoidance of 
Unanticipated Takings'' issued under the Executive Order.
    EPA's compliance with these statutes and Executive Orders for the 
underlying rule is discussed in Unit VIII. of the final rule (65 FR 
1802, January 12, 2000).

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

    Yes. The Congressional Review Act (CRA) (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 rule effective sooner than otherwise provided by the CRA if the 
agency makes 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). 
As stated previously, EPA has made such a good cause finding, including 
the reasons therefore, and established an effective date of April 5, 
2000. 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 action 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.


[[Page 17775]]


    Dated: March 22, 2000.
James Jones,
Director, Registration Division, Office of Pesticide Programs.

    Therefore, 40 CFR part 180 is corrected as follows:

PART 180--[AMENDED]

    1. The authority citation for part 180 continues to read as 
follows:

    Authority: 21 U.S.C. 321(q), 346a and 371.

    2. Section 180.495, is amended by revising the entries for ``Animal 
feed, nongrass, group,'' ``Apple,'' and ``Teosinte, grain'' and 
removing the entry for ``Barley'' and adding in its place ``Barley, 
grain'' to the table in paragraph (a) to read as follows:


Sec. 180.495  Spinosad; tolerances for residues.

* * * * *
    (a) *     *     *    

 
------------------------------------------------------------------------
                                                             Expiration/
                   Commodity                     Parts per    Revocation
                                                  million        Date
------------------------------------------------------------------------
 
                      *      *      *      *      *
Animal feed, nongrass, group..................         0.02         None
 
                      *      *      *      *      *
Apple.........................................          0.2         None
 
                      *      *      *      *      *
Barley, grain.................................         0.02         None
 
                      *      *      *      *      *
Teosinte, grain...............................         0.02         None
 
                      *      *      *      *      *
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[FR Doc. 00-8265 Filed 4-4-00; 8:45 am]
BILLING CODE 6560-50-F