[Federal Register Volume 65, Number 159 (Wednesday, August 16, 2000)]
[Rules and Regulations]
[Pages 49922-49924]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-20734]


-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[OPP-301028; FRL-6736-4]
RIN 2070-AB78


Mancozeb; Pesticide Tolerance Technical Correction

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule; technical correction.

-----------------------------------------------------------------------

SUMMARY: EPA issued a final rule in the Federal Register of May 24, 
2000 consolidating certain food and feed additive tolerance regulations 
from 40 CFR parts 185 and 186 into 40 CFR part 180. In the 
consolidation rule there is a revision of the tolerance for mancozeb 
use on ginseng. In the same issue of the Federal Register, EPA issued a 
separate amendment to the mancozeb tolerance regulation. EPA is issuing 
this document to clarify and to correct the expiration/revocation date 
of the tolerance for mancozeb use on ginseng.

[[Page 49923]]


DATES: This technical correction is effective May 24, 2000.

FOR FURTHER INFORMATION CONTACT: By mail: Hoyt Jamerson, Registration 
Division (7505C), Office of Pesticide Programs, Environmental 
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460; 
telephone number: (703) 308-9368; e-mail address: 
[email protected].

SUPPLEMENTARY INFORMATION:   

I. General Information

A. 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.

B. 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-301028. 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, 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.

II. What Action is EPA taking?

    This technical correction corrects the table in 40 CFR 180.176(b) 
to clarify that the tolerance for mancozeb use on ginseng expires on 
12/31/01. In the Federal Register of May 24, 2000, two amendments to 
the mancozeb tolerance regulation were issued. At page 33472 (FRL-6556-
9) the expiration/revocation date for mancozeb use in or on ginseng 
shown in the table to Sec. 180.176(b) was revised to read 12/31/01. On 
page 33708 (FRL-6043-1), Sec. 180.176 was revised in its entirety. In 
this amendment, the expiration date for ginseng in the table to 
paragraph (b) reads ``12/31/99''. The correct expiration/revocation 
date for mancozeb use on gingeng is ``12/31/01'' as is shown in the 
amendment at page 33472. This technical correction both clarifies and 
corrects the expiration/revocation date of mancozeb use on ginseng as 
found in 40 CFR 180.176(b). Because the Office of the Federal Register 
has to include the latest amendment in the Code of Federal Regulations 
(CFR), it is necessary that EPA issue this correction to insure that 
the correct expiration/revocation date is shown in the CFR.

III. Why is this Technical Correction Issued as a Final Rule?

    Section 553 of the Administrative Procedure Act (APA), 5 U.S.C. 
553(b)(B), provides that, when an agency for good cause finds that 
notice and public procedure are impracticable, unnecessary or contrary 
to the public interest, the agency may issue a rule without providing 
notice and an opportunity for public comment. EPA has determined that 
there is good cause for making today's rule final without prior 
proposal and opportunity for comment, because EPA is correcting and 
clarifying the tolerance for mancozeb use in or on ginseng that was 
previously published in the Federal Register. The preamble to the 
previously published Final Rule discussed how the number average 
molecular was one of the criteria for identifying low risk polymers. 
Thus, notice and public procedure are unnecessary. EPA finds that this 
constitutes good cause under 5 U.S.C. 553(b)(B).

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

    No. This final rule implements a technical amendment to the CFR to 
reflect a technical correction to a previously issued Final Rule, and 
it does not otherwise impose or amend any requirements. As such, the 
Office of Management and Budget (OMB) has determined that a technical 
correction is not a ``significant regulatory action'' subject to review 
by OMB under Executive Order 12866, entitled Regulatory Planning and 
Review (58 FR 51735, October 4, 1993). Nor does this rule 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.).
    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 III 
above), this action is not subject to 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). 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

[[Page 49924]]

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.
    For information about the applicability of the regulatory 
assessment requirements to the final rule that was issued on May 24, 
2000 (65 FR 33703) (FRL-6041-9), please refer to the discussion in Unit 
III of that document.

V. 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). 
EPA has made such a good cause finding for this final rule, and 
established an effective date of May 24, 2000. Pursuant to 5 U.S.C. 
808(2), this determination is supported by the brief statement in Unit 
III of this document. 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, Pesticides and pest.


    Dated: July 26, 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.

Sec. 180.176  [Amended]


     2. In Sec. 180.176, amend the table in paragraph (b) by revising 
the expiration/revocation date ``12/31/99'' to read ``12/31/01''.
[FR Doc. 00-20734 Filed 8-15-00 8:45 am]
BILLING CODE 6560-50-S