[Federal Register Volume 66, Number 149 (Thursday, August 2, 2001)]
[Rules and Regulations]
[Pages 40140-40141]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-19326]



[[Page 40140]]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[OPP-301156; FRL-6794-3]
RIN 2070-AB78


Isoxadifen-ethyl; 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 June 21, 
2001 establishing time-limited tolerances for isoxadifen-ethyl. This 
document makes a technical correction to the tolerance regulation to 
correctly show the application rate in the tolerance expression.

DATES: This technical correction is effective August 2, 2001.

ADDRESSES: Comments may be submitted by mail, electronically, or in 
person. Please follow the detailed instructions for each method as 
provided in Unit II. of the SUPPLEMENTARY INFORMATION. To ensure proper 
receipt by EPA, it is imperative that you identify docket control 
number OPP-301156 in the subject line on the first page of your 
response.

FOR FURTHER INFORMATION CONTACT: By mail: Vera Soltero, Registration 
Division (7505C), Office of Pesticide Programs, Environmental 
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460; 
telephone number: (703) 308-9359; e-mail address: [email protected].

SUPPLEMENTARY INFORMATION:

I. Does this Action Apply to Me?

     You may be 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 Potentially
             Categories                 NAICS       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 the table could also be 
affected. The North American Industrial Classification System (NAICS) 
codes have been 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.

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,''`` 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/.
    2. In person. The Agency has established an official record for 
this action under docket control number OPP-301156. 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.

III. What Does this Technical Correction Do?

    In the Federal Register of June 9, 1999 (64 FR 30997) (FRL-6082-6) 
EPA published a notice pursuant to section 408 of the Federal Food, 
Drug, and Cosmetic Act (FFDCA), 21 U.S.C. 346a, as amended by the Food 
Quality Protection Act (FQPA) (Public Law 104-170) announcing the 
filing of a pesticide tolerance petition (9E5060) by AgrEvo USA, now 
doing business as Aventis Crop Science, P.O. Box 12014, 2 T.W. 
Alexander Drive, Research Triangle Park, NC 27709. This notice included 
a summary of the petition prepared by the petitioner, including a 
statement specifying isoxadifen-ethyl's application rate as amount of 
safener (in pounds) per acre.
    Time-limited tolerances for isoxadifen-ethyl on various rice 
commodities were established in the Federal Register on June 21, 2001 
(66 FR 33179) (FRL-6786-1). In that document, the tolerance expression 
inadvertently described the application rate of the compound 
isoxadifen-ethyl as 0.17 pound of safener per pound of active 
ingredient. The tolerance expression should have read: 0.17 pound of 
safener per acre.

IV. 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 determine that 
there is good cause for making today's rule final without prior 
proposal and opportunity of comment, because EPA is amending the 
tolerance expression to include the language (pounds safener per acre) 
that was previously used in the notice of filing.

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

     This final rule implements a technical correction to the Code of 
Federal Regulations, 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 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

[[Page 40141]]

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 
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 does not 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 July 14, 2000 (64 FR 
43704), please refer to the discussion in Unit VIII. of that document.

VI. 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 record 
keeping requirements.

    Dated: July 23, 2001.
James Jones,
Director, Registration Division, Office of Pesticide Programs.

     Therefore, 40 CFR part 180 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), 346a, 371.

    2. Section 180.570 is amended by revising paragraph (a) to read as 
follows:


Sec. 180.570  Isoxadifen-ethyl; tolerances for residues.

    (a) General. Tolerances that expire as indicated in the table below 
are established for residues of isoxadifen-ethyl (ethyl 5,5-diphenyl-2-
isoxazoline-3-carboxylate, CAS No. 163520-33-0) and its metabolites: 
4,5-dihydro-5,5-diphenyl-3-isoxazolecarboxylic acid and -
hydroxy--benezenepropanenitrile when in the commodities listed 
below. This safener will be used only in conjunction with the active 
ingredient fenoxaprop-p-ethyl, at a rate of 0.17 pound of safener per 
acre.

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                                                             Expiration/
                   Commodity                     Parts per    Revocation
                                                  million        date
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Rice, bran....................................         0.80      6/21/04
Rice, grain...................................         0.10      6/21/04
Rice, hulls...................................         0.50      6/21/04
Rice, straw...................................         0.25      6/21/04
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[FR Doc. 01-19326 Filed 8-1-01; 8:45 am]
BILLING CODE 6560-50-S