[Federal Register Volume 66, Number 196 (Wednesday, October 10, 2001)]
[Rules and Regulations]
[Pages 51585-51587]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-25019]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[OPP-301152A; FRL-6803-8]
RIN 2070-AB78


Revocation of Unlimited Tolerance Exemptions; Correction and 
Reopening of Comment Period

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule; correction and reopening of comment period.

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SUMMARY: EPA issued a direct final rule in the Federal Register of 
August 15, 2001, amending 40 CFR part 180, subpart D, to revoke various 
exemptions from the requirement of a tolerance. In that document, the 
Agency inadvertently removed the entire second entry for diethylene 
glycol, when it should have removed the entire first entry for 
diethylene glycol, and misspelled ``Sodium mono-, di-, and triisopropyl 
naphthalenesulfonate.'' This document corrects these errors. 
Additionally, this document reopens the comment period to provide the 
public with an opportunity to comment on these corrections and extends 
the effective date of this final rule.

DATES: If no relevant adverse comments are submitted on or before 
November 9, 2001, this action will become effective on January 8, 2002.
    The effective date for FRL-6793-5 published in the Federal Register 
of August 15, 2001 (66 FR 42776) is changed to January 8, 2002, if no 
adverse comments are received on or before November 9, 2001.

ADDRESSES: Adverse comments may be submitted by mail, electronically, 
or in person. Please follow the detailed instructions for each method 
as provided in Unit I.C. of the SUPPLEMENTARY INFORMATION of the August 
15, 2001 direct final rule. To ensure proper receipt by EPA, it is 
imperative that you identify docket control number OPP-301152A in the 
subject line on the first page of your response.

FOR FURTHER INFORMATION CONTACT: By mail: Treva C. Alston, Registration 
Division (7505C), Office of Pesticide Programs, Environmental 
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460; 
telephone number: (703) 308-8373; fax number: (703) 305-0599; e-mail 
address: [email protected].

SUPPLEMENTARY INFORMATION:

I. Does this Action Apply to Me?

    The Agency included in the direct 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

[[Page 51586]]

``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_180/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-301152A. 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 Document Do?

    In the Federal Register of August 15, 2001 (66 FR 42776) (FRL-6793-
5), EPA issued a direct final rule amending 40 CFR part 180, subpart D, 
to revoke various exemptions from the requirement of a tolerance. This 
document corrects the amendatory language to reflect the intent of the 
Agency. Additionally, this document reopens the comment period to 
provide the public with an opportunity to comment on these corrections 
and extends the effective date of this final rule.

IV. Regulatory Assessment Requirements

    This final rule implements a technical correction to the CFR, and 
it does not otherwise impose or amend any requirements. The Office of 
Management and Budget (OMB) has exempted these types of actions from 
review under Executive Order 12866, entitled Regulatory Planning and 
Review (58 FR 51735, October 4, 1993). Because this rule has been 
exempted from review under Executive Order 12866 due to its lack of 
significance, this rule is not subject to Executive Order 13211, 
Actions Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use (66 FR 28355, May 22, 2001). This final rule does 
not contain any information collections subject to OMB approval under 
the Paperwork Reduction Act (PRA), 44 U.S.C. 3501 et seq., or impose 
any enforceable duty or contain any unfunded mandate as described under 
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA) (Public Law 
104-4). Nor does it require any prior consultation as specified by 
Executive Order 13084, entitled Consultation and Coordination with 
Indian Tribal Governments (63 FR 27655, May 19, 1998); special 
considerations as required by Executive Order 12898, entitled Federal 
Actions to Address Environmental Justice in Minority Populations and 
Low-Income Populations (59 FR 7629, February 16, 1994); or require OMB 
review or any Agency action under Executive Order 13045, entitled 
Protection of Children from Environmental Health Risks and Safety Risks 
(62 FR 19885, April 23, 1997). 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). Since tolerances and 
exemptions that are established on the basis of a petition under FFDCA 
section 408(d), such as the tolerance in this final rule, do not 
require the issuance of a proposed rule, the requirements of the 
Regulatory Flexibility Act (RFA) (5 U.S.C. 601 et seq.) do not apply. 
In addition, the Agency has determined that this action will not have a 
substantial direct effect on 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). Executive Order 13132 requires EPA to develop an accountable 
process to ensure ``meaningful and timely input by State and local 
officials in the development of regulatory policies that have 
federalism implications.'' ``Policies that have federalism 
implications'' is defined in the Executive Order to include regulations 
that 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.'' This final rule directly regulates growers, food 
processors, food handlers and food retailers, not States. This action 
does not alter the relationships or distribution of power and 
responsibilities established by Congress in the preemption provisions 
of FFDCA section 408(n)(4). For these same reasons, the Agency has 
determined that this rule 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). Executive Order 13175, requires EPA to develop an accountable 
process to ensure ``meaningful and timely input by tribal officials in 
the development of regulatory policies that have tribal implications.'' 
``Policies that have tribal implications'' is defined in the Executive 
Order to include regulations that have ``substantial direct effects on 
one or more Indian tribes, on the relationship between the Federal 
government and the Indian tribes, or on the distribution of power and 
responsibilities between the Federal government and Indian tribes.'' 
This rule will not have substantial direct effects on tribal 
governments, on the relationship between the Federal government and 
Indian tribes, or on the distribution of power and responsibilities 
between the Federal government and Indian tribes, as specified in 
Executive Order 13175. Thus, Executive Order 13175 does not apply to 
this rule.

V. 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 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 this final rule in the Federal Register. This final 
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

[[Page 51587]]

and pests, Reporting and recordkeeping requirements.

    Dated: September 21, 2001.
Richard P. Keigwin, Jr.,
Acting Director, Registration Division, Office of Pesticide Programs.

    Therefore, 40 CFR part 180 is corrected as follows:

PART 180--[CORRECTED]

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

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

    2. In FR Doc. 01-20391 published in the Federal Register of August 
15, 2001, on page 42779, in column 3, under amendatory instruction 
number 2. for 40 CFR 180.1001, correct item ii. to read as follows:
    ``ii. The table in paragraph (d) is amended by removing the entire 
entry for Calcium hypochlorite; the entire first entry for Diethylene 
glycol; and the entire entries for Isopropyl alcohol; n-Propanol; and 
Sodium mono-, di-, and triisopropyl naphthalenesulfonate.''
[FR Doc. 01-25019 Filed 10-9-01; 8:45 am]
BILLING CODE 6560-50-S