[Federal Register Volume 67, Number 206 (Thursday, October 24, 2002)]
[Rules and Regulations]
[Pages 65314-65315]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-27132]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[OPP-2002-0235; FRL-7276-9]


Clopyralid; 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 September 
25, 2002, establishing tolerances for clopyralid. This document is 
being issued to correct unnecessary tolerances for meat byproducts 
except kidney of cattle, goats, horses, and sheep at 1.0 parts per 
million.

DATES:  This regulation is effective October 24, 2002.

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; and e-mail 
address: [email protected]

SUPPLEMENTARY INFORMATION:

I. Does this Action Apply to Me?

    The Agency included in the final rule a list of those who may be 
potentially affected by the action. If you have any 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 Copies of this Document and Other Related Information?

    1. Docket. EPA has established an official public docket for this 
action under docket identification (ID) number OPP-2002-0235. The 
official public docket consists of the documents specifically 
referenced in this action, any public comments received, and other 
information related to this action. Although a part of the official 
docket, the public docket does not include Confidential Business 
Information (CBI) or other information whose disclosure is restricted 
by statute. The official public docket is the collection of materials 
that is available for public viewing at the Public Information and 
Records Integrity Branch (PIRIB), Rm. 119, Crystal Mall 2, 
1921 Jefferson Davis Hwy., Arlington, VA. This docket facility is open 
from 8:30 a.m. to 4 p.m., Monday through Friday, excluding legal 
holidays. The docket telephone number is (703) 305-5805.
    2. Electronic access. You may access this Federal Register document 
electronically through the EPA Internet under 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.
    An electronic version of the public docket is available through 
EPA's electronic public docket and comment system, EPA Dockets. You may 
use EPA Dockets at http://www.epa.gov/edocket/ to submit or view public 
comments, access the index listing of the contents of the official 
public docket, and to access those documents in the public docket that 
are available electronically. Once in the system, select ``search,'' 
then key in the appropriate docket ID number.

III. What Does this Technical Correction Do?

    Tolerances for clopyralid on various commodities were published in 
the Federal Register on September 25, 2002 (67 FR 60152) (FRL-7198-4) 
including meat byproducts except liver of cattle, goats, horses and 
sheep at 36.0 parts per million. These tolerances superseded tolerances 
previously established for meat byproducts except kidney of cattle, 
goats, horses and sheep at 1.0 ppm. This technical correction removes 
the lower tolerances from Sec.  180.431.

IV. Why is this 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 final rule without 
providing notice and an opportunity for public comment. EPA has 
determined that there is good cause for making today's technical 
correction final without prior proposal and opportunity for comment, 
because EPA is merely correcting the section to remove certain 
commodities from the previously published final rule. EPA finds that 
this constitutes good cause under 5 U.S.C. 553(b)(B).

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

    This action corrects tolerances established under section 408(e) of 
the Federal Food, Drug, and Cosmetic Act (FFDCA). 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.

[[Page 65315]]

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 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 and pests, Reporting and 
recordkeeping requirements.

    Dated: October 4, 2002.
Peter Caukins,
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 371.


Sec.  180.431  [Amended]

    2. In Sec.  180.431, in paragraph (a), the table is amended by 
removing the entries for ``cattle, meat byproducts, except kidney''; 
``goats, meat byproducts, except kidney''; ``horses, meat byproducts, 
except kidney''; and ``sheep, meat byproducts, except kidney.''
[FR Doc. 02-27132 Filed 10-23-02; 8:45 am]
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