[Federal Register Volume 67, Number 124 (Thursday, June 27, 2002)]
[Rules and Regulations]
[Pages 43255-43256]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-16279]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[OPP-2002-0087; FRL-7185-1]


Cyhalofop-butyl; Pesticide Tolerance Technical Correction

AGENCY: Environmental Protection Agency (EPA).

ACTION: Technical correction.

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SUMMARY: EPA issued a final rule in the Federal Register of June 4, 
2002 establishing time-limited tolerances for cyhalofop-butyl in 
Sec. 180.579. However, time-limited tolerances for cyhalofop-butyl were 
previously established under Sec. 180.576. This document is being 
issued to amend 40 CFR 180.576 and to remove Sec. 180.579.

DATES: This regulation is effective June 27, 2002. Objections and 
requests for hearings, identified by docket ID number OPP-2002-0087, 
must be received on or before August 26, 2002.

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 ID number 
OPP-2002-0087 in the subject line on the first page of your response.

FOR FURTHER INFORMATION CONTACT: By mail: Joanne I. Miller, 
Registration Division (7505C), Office of Pesticide Programs, 
Environmental Protection Agency, 1200 Pennsylvania Ave., 
NW.,Washington, DC 20460; telephone number: (703) 305-6224; e-mail 
address: [email protected]

SUPPLEMENTARY INFORMATION:

I. General Information

A. 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:

[[Page 43256]]



------------------------------------------------------------------------
                                                          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 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.

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 ID number OPP-2002-0087. The official record 
consists of the documents specifically referenced in this action, 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?

    Time-limited tolerances for cyhalofop-butyl on various commodities 
were published in the Federal Register on June 4, 2002 (67 FR 38407) 
(FRL-7178-5)] under 40 CFR 180.579. However, time-limited tolerances 
for cyhalofop-butyl were previously established under Sec. 180.576. 
This document is being issued to update 40 CFR 180.576 and to remove 
Sec. 180.579.

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

    This action corrects tolerances established under FFDCA section 
408(e). 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 technical correction has been exempted from review under Executive 
Order 12866 due to its lack of significance, this technical correction 
is not subject to Executive Order 13211, entitled Actions Concerning 
Regulations That Significantly Affect Energy Supply, Distribution, or 
Use (66 FR 28355, May 22, 2001). In addition, this technical correction 
does not contain any information collections subject to OMB approval 
under the Paperwork Reduction Act, 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 (Public Law 104-
4). Nor does it require any prior consultation as specified by 
Executive Order 12875, entitled Enhancing the Intergovernmental 
Partnership (58 FR 58093, October 28, 1993), or 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 in 
accordance with Executive Order 13045, entitled Protection of Children 
from Environmental Health Risks and Safety Risks (62 FR 19885, April 
23, 1997).
    In addition, under the Regulatory Flexibility Act (5 U.S.C. 601 et 
seq.), the Agency previously assessed whether establishing tolerances, 
exemptions from tolerances, raising tolerance levels, or expanding 
exemptions might adversely impact small entities and concluded, as a 
generic matter, that there is no adverse economic impact. The factual 
basis for the Agency's generic certification for tolerance actions 
published on May 4, 1981 (46 FR 24950), and was provided to the Chief 
Counsel for Advocacy of the Small Business Administration.

List of Subjects in 40 CFR Part 180

    Environmental protection, Administrative practice and procedure, 
Agricultural commodities, Pesticides and pests, Reporting and 
recordkeeping requirements.


    Dated: June 20, 2002.
Debra Edwards,
Acting 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), 346(a) and 374.

    2. Section 180.576 is revised to read as follows:


Sec. 180.576  Cyhalofop-butyl; tolerances for residues.

    (a) General. Time-limited tolerances are established for combined 
residues of cyhalofop (cyhalofop-butyl, R-(+)-n-butyl-2-(4(4-cyano-2-
fluorophenoxy)-phenoxy)propionate, plus cyhalofop acid, R-(+)-2-(4(4-
cyano-2-fluorophenoxy)-phenoxy)propionic acid) and the di-acid 
metabolite, (2R)-4-[4-(1-carboxyethoxy)phenoxy]-3-fluorobenzoic acid, 
from the application of the herbicide cyhalofop-butyl in or on the 
following raw agricultural commodities:

------------------------------------------------------------------------
                                                          Expiration/
            Commodity              Parts per million    Revocation Date
------------------------------------------------------------------------
Rice, grain                       0.03                6/1/2007
Rice, straw                       8.0                 6/1/2007
------------------------------------------------------------------------

    (b) Section 18 emergency exemptions. [Reserved]
    (c) Tolerances with regional registrations. [Reserved]
    (d) Indirect or inadvertent residues. [Reserved]


Sec. 180.579  [Removed]

    3. Section 180.579 is removed.

[FR Doc. 02-16279 Filed 6-26-02; 8:45 am]
BILLING CODE 6560-50-S