[Federal Register Volume 66, Number 57 (Friday, March 23, 2001)]
[Rules and Regulations]
[Pages 16143-16144]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-7289]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[OPP-301112; FRL-6776-4]
RIN 2070-AB78


Diflubenzuron; Pesticide Tolerance Technical Correction

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule, technical correction.

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SUMMARY: EPA is issuing this final rule to make corrections to the 
requirements for diflubenzuron tolerance residues that currently appear 
in the Code of Federal Regulations (CFR). This action is being taken to 
correct unintended changes erroneously made by certain documents 
previously published in the  Federal Register.

DATES:  This technical correction is effective on March 23, 2001.

FOR FURTHER INFORMATION CONTACT: Rita Kumar, Registration Division 
(7505C), Office of Pesticide Programs, Environmental Protection Agency, 
1200 Pennsylvania Ave., NW., Washington, DC 20460; telephone number: 
(703) 308-8291; fax number: (703) 305-6596; e-mail address: 
[email protected].

SUPPLEMENTARY INFORMATION:

 I. General Information

 A. Does this Action Apply to Me?

    You may be potentially affected by this action if you are an 
agricultural producer, food manufacturer, or pesticide manufacturer. 
Potentially affected categories and entities may include, but are not 
limited to:

------------------------------------------------------------------------
                                                          Examples of
           Categories                 NAICS codes         potentially
                                                      affected  entities
------------------------------------------------------------------------
Industry                          111                 Crop production
                                  112                 Animal production
                                  311                 Food manufacturing
                                  32532               Pesticide
                                                       manufacturing
------------------------------------------------------------------------

    This listing is not intended to be exhaustive, but rather provides 
a guide for readers regarding entities likely to be affected by this 
action. Other types of entities not listed in this table could also be 
affected. The North American Industrial Classification System (NAICS) 
codes are provided to assist you and others in determining whether or 
not this action might apply to certain entities. 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,'' ``Regulations and Proposed Rules,'' 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/. A frequently updated electronic 
version of 40 CFR part 180 is available at http://www.access.gpo.gov/nara/cfr/cfrhtml_00/Title_40/40cfr180_00.html, a beta site currently 
under development.
    2. In person. The Agency has established an official record for 
this action under docket control number OPP-301112. 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. Background

 A. What Does this Technical Correction Do?

    EPA published in the Federal Register of September 29, 1999 (64 FR 
52450) (FRL-6382-1), a final rule establishing a tolerance in 
Sec. 180.377 for diflubenzuron on pears at 0.5 ppm. The expiration date 
was listed in the document as 3/31/01, but was incorrectly carried as 
3/31/00 in the regulatory text table at the end of the document.
    In the Federal Register of May 24, 2000 (65 FR 33691) (FRL-6043-1), 
a final rule was published revising Sec. 180.377. The May 2000 revision 
was based upon text taken from the 1998 version of the CFR instead of 
the 1999 version of the CFR. The text listing the time-limited 
tolerance for pears was incorrectly removed and paragraph (b) was 
reserved. Also, by using text from the 1998 version of the CFR, the 
tolerance status and residue levels for rice, grain and rice, straw 
appearing in paragraph (a)(2) were incorrectly revised to be a 
temporary tolerance in or on rice grain at 0.01 ppm.
    EPA issued a final rule to correct the expiration date for pears in 
the Federal Register of September 27, 2000 (65 FR 57956) (FRL-6741-3). 
However, it was brought to EPA's attention that the document published 
on May 24, 2000, incorrectly removed and reserved paragraph (b).
    This document withdraws the correction published on September 27, 
2000, and revises paragraph (a)(2) and adds text to paragraph (b), with 
the correct expiration date for the time-limited pear tolerance of 3/
31/01, and the correct level and status of tolerance for rice grain and 
rice straw.
    With the technical corrections contained in this document, the CFR 
will accurately present the requirements for diflubenzuron tolerance 
residues.

 B. 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 this rule final without prior proposal 
and opportunity for comment, because EPA is correcting the expiration 
date for the tolerance of diflubenzuron on pears to March 31, 2001, 
which was incorrectly given as March 31, 2000. This rule is also 
correcting the tolerance status and residue levels of diflubenzuron on 
rice grain and rice straw. EPA finds that this constitutes good cause 
under 5 U.S.C. 553(b)(B).

 III. Regulatory Assessment Requirements

    This final rule implements a technical correction to the CFR, and 
it does not otherwise impose or amend any

[[Page 16144]]

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 final 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 II.B.), 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.
    This final rule will not have substantial direct effects on the 
States or on one or more Indian tribes, on the relationship between the 
national government and the States or one or more Indian tribes, or on 
the distribution of power and responsibilities among the various levels 
of government or between the Federal government and Indian tribes. As 
such, this action have any ``tribal implications'' as described in 
Executive Order 13175, entitled Consultation and Coordination with 
Indian Tribal Governments (65 FR 67249, November 6, 2000), or any 
``federalism implications'' as described 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 final 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.
    For information about the applicability of the regulatory 
assessment requirements to the final rule that was issued on September 
29, 1999 (64 FR 52450), please refer to the discussion in Unit VIII. of 
that document.

 IV. Submission to Congress and the Comptroller General

    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 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 rule 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: March 12, 2001.
James Jones.
Director, Registration Division, Office of Pesticide Programs.

    Therefore, 40 CFR chapter I is amended as follows:

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.


    2. By withdrawing the final rule correction to Sec. 180.377(b) as 
published in the Federal Register of September 27, 2000 (65 FR 57956) 
(FRL-6741-3).

    3. In Sec. 180.377, by revising paragraph (a)(2) and by adding text 
to paragraph (b) to read as follows:


Sec. 180.377  Diflubenzuron; tolerances for residues.

    (a)***
    (2) Tolerances are established for residues of the insecticide 
diflubenzuron (N-[[4-chlorophenyl)amino]-carbonyl]-2,6-
difluorobenzamide) and its metabolites 4-chlorophenlyurea and 4-
chloroaniline on rice grain at 0.02 ppm and rice straw at 0.8 ppm.
    (b) Section 18 emergency exemptions. Time-limited tolerances are 
established for residues of diflubenzuron and its metabolites, PCA (4-
chloroaniline) and CPU (4-chlorophenylurea), expressed as the parent 
diflubenzuron, in connection with use of this pesticide under a section 
18 emergency exemption granted by EPA. The tolerances will expire on 
the dates specified in the following table:

------------------------------------------------------------------------
                                                          Expiration/
            Commodity             Parts per  million    revocation date
------------------------------------------------------------------------
Pears                             0.5                 3/31/01
------------------------------------------------------------------------

* * * * *

[FR Doc. 01-7289 Filed 3-22-01; 8:45 am]
BILLING CODE 6560-50-S