[Federal Register Volume 68, Number 68 (Wednesday, April 9, 2003)]
[Rules and Regulations]
[Pages 17307-17308]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-8370]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[OPP-2002-0272; FRL-7296-9]


Decanoic Acid; Exemption from the Requirement of a 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 February 
19, 2003, establishing an exemption from the requirement of a tolerance 
for residues of decanoic acid (capric acid) in or on all foods when 
applied/used as a component of a food contact surface sanitizing 
solution in food handling establishments. This document makes a 
technical correction to the exemption from the requirement of a 
tolerance for decanoic acid to correct typographical errors.

DATES:  This document is effective on February 19, 2003.

FOR FURTHER INFORMATION CONTACT: Adam Heyward, Antimicrobials Division, 
(7510C), Office of Pesticide Programs, Environmental Protection Agency, 
1200 Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone 
number: (703) 308-6422; e-mail address: [email protected].

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action Apply to Me?

    The Agency included in the 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-2002-0272. 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.

II. What Does this Correction Do?

    An exemption from the requirement of a tolerance for decanoic acid 
was added to 40 CFR part 180 in the Federal Register issue of February 
19, 2003, (68 FR 7939) (FRL-7178-6). Inadvertently, the tolerance 
exemption for decanoic acid was assigned Sec.  180.1223, which had 
previously been assigned to another pesticide which was published in 
the Federal Register issue of February 14, 2003 (68 FR 7433) (FRL-7291-
3). This document corrects the section number for the Decanoic acid 
tolerance exemption.

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 the section number that was 
inadvertently assigned to the Decanoic acid tolerance exemption. EPA 
finds that this constitutes good cause under 5 U.S.C. 553(b)(B).

IV. Do Any of the Statutory and Executive Order Reviews 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

[[Page 17308]]

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 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 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, entitled Governmental 
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. Congressional 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 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 record 
keeping requirements.

    Dated: March 17, 2003.
James Jones
Director, Office of Pesticide Programs.

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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. In FR Doc. 03-3843, published in the Federal Register of February 
19, 2003, (68 FR 7939) (FRL-7278-6), in the 3rd column, the number 2 
instruction is corrected to read ``2. Section 180.1225 is added to 
subpart D to read as follows:'' and that the section heading is 
corrected to read as follows:


Sec.  180.1225  Decanoic acid; exemption from the requirement of a 
tolerance.

[FR Doc. 03-8370 Filed 4-8-03; 8:45 am]
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