[Federal Register Volume 68, Number 65 (Friday, April 4, 2003)]
[Rules and Regulations]
[Pages 16436-16437]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-7973]


=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[OPP-2002-0217; FRL-7298-4]


Lactic acid, ethyl ester and Lactic acid, n-butyl ester; 
Exemptions from the Requirement of a Tolerance; Technical Correction

AGENCY:  Environmental Protection Agency (EPA).

ACTION:  Final rule; technical correction.

-----------------------------------------------------------------------

SUMMARY:  EPA issued a final rule in the Federal Register of September 
3, 2002, establishing tolerance exemptions for lactic acid, ethyl ester 
and lactic acid, n-butyl ester. In the codified text of that document, 
the CAS number for lactic acid, ethyl ester was incorrectly listed. 
This document is being issued to correct the CAS number for lactic 
acid, ethyl ester.

DATES:  This document is effective on April 4, 2003.

FOR FURTHER INFORMATION CONTACT: Kathryn Boyle, Registration Division 
(7505C), Office of Pesticide Programs, Environmental Protection Agency, 
1200 Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone 
number: 703-305-6304; e-mail address: [email protected].

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action Apply to Me?

    The Agency included in the September 3, 2002 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.

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-2002-0217. 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_ 40/40cfr[180]--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.

II. What Does this Correction Do?

    A tolerance exemption for lactic acid, ethyl ester was established 
in the Federal Register of September 3, 2002 (67 FR 56225) (FRL- 7196-
6) (OPP-2002-0217). In the codified text of that document, the CAS 
number was incorrectly listed as ``197-64-3.'' The CAS number should 
have read ``97-64-3'' as expressed in the preamble.

III. 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 a typographical error. The CAS number 
for lactic acid, ethyl ester was correctly listed in the preamble, but 
erroneously listed in the codified text. EPA finds that this 
constitutes good cause under 5 U.S.C. 553(b)(B).

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

    This final rule implements a technical correction to the CFR, 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.). 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 III.), 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 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). 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

[[Page 16437]]

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 ``federalism implications'' as 
described in Executive Order 13132, entitled Federalism (64 FR 43255, 
August 10, 1999), or any ``tribal implications'' as described in 
Executive Order 13175, entitled Consultation and Coordination with 
Indian Tribal Governments (65 FR 67249, November 6, 2000). Since this 
direct final rule is not a ``significant regulatory action'' as defined 
by Executive Order 12866, it does not 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), and 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 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). 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) 
or Executive Order 12630, entitledGovernmental Actions and Interference 
with Constitutionally Protected Property Rights (53 FR 8859, March 15, 
1988). 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).

V. Congresssional Review Act

    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 theFederal 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: March 21, 2003.
Peter Caulkins,
Acting Director, Registration Division, Office of Pesticide Programs.

0
Therefore, 40 CFR part 180 is corrected as follows:

PART 180--[AMENDED]

0
1. The authority citation for part 180 continues to read as follows:

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

0
2. Section 180.950 is amended by revising the entry for ``Lactic acid, 
ethyl ester'' in paragraph (e) to read as follows:


Sec.  180.950  Tolerance exemptions for minimal risk active and inert 
ingredients.

* * * * *
    (e) * * *

 
------------------------------------------------------------------------
                       Chemical Name                           CAS No.
------------------------------------------------------------------------
                                * * * * *
Lactic acid, ethyl ester                                         97-64-3
                                * * * * *
------------------------------------------------------------------------

[FR Doc. 03-7973 Filed 4-3-03; 8:45 am]
BILLING CODE 6560-50-S