[Federal Register Volume 68, Number 133 (Friday, July 11, 2003)]
[Rules and Regulations]
[Pages 41271-41273]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-17674]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[OPP-2003-0103; FRL-7317-1]


Imidacloprid; Pesticide Tolerances 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 June 13, 
2003, concerning the establishment of tolerances for combined residues 
of imidacloprid. This document is being issued to properly display the 
table in the regulatory text.

DATES: This document is effective on July 11, 2003.

FOR FURTHER INFORMATION CONTACT: Shaja R. Brothers, Registration 
Division (7505C), Office of Pesticide Programs, Environmental 
Protection Agency, 1200 Pennsylvania Ave., NW.,Washington, DC 20460-
0001; telephone number: (703) 308-3194; 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-2003-0103. 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.

[[Page 41272]]

    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?

    In a final rule published in the Federal Register of June 13, 2003 
(68 FR 35303) (FRL-7310-8) an amendment to Sec.  180.472 inadvertently 
omitted the third column of the table (Expiration/Revocation date) in 
paragraph (a). This correction is being published to show the table as 
it should have appeared with the newly added commodities.

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 inserting language that was inadvertently omitted 
from the previously published final rule. 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 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 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, 
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 
recordkeeping requirements.


    Dated: July 8, 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. On page 35314, in FR Doc. 03-14880, in the third column, the table 
to Sec.  180.472(a), as amended, is corrected by adding the third 
column (Revocation/Expiration date) and in the footnote, 
``registration'' should read ``registrations'' to read as follows:


Sec.  180.472  Imidacloprid; tolerances for residues.

    (a) * * *

[[Page 41273]]



------------------------------------------------------------------------
                                                          Revocation/
            Commodity              Parts per million    Expiration date
------------------------------------------------------------------------
Acerola                           1.0                 None
                              * * * * * * *
Artichoke, globe                  2.5                 None
Avocado                           1.0                 None
Banana\1\                         0.02                None
                              * * * * * * *
Canistel                          1.0                 None
                              * * * * * * *
Corn, pop, grain                  0.05                None
Corn, pop, stover                 0.20                None
                              * * * * * * *
Cranberry                         0.05                None
Currant                           3.5                 None
                              * * * * * * *
Elderberry                        3.5                 None
                              * * * * * * *
Feijoa                             1.0                None
                              * * * * * * *
Fruit, stone, group 12            3.0                 None
Gooseberry                        3.5                 None
                              * * * * * * *
Guava                             1.0                 None
                              * * * * * * *
Huckleberry                       3.5                 None
Jaboticaba                        1.0                 None
Juneberry                         3.5                 None
                              * * * * * * *
Lingonberry                        3.5                None
Longan                             3.0                None
Lychee                            3.0                 None
Mango                             1.0                 None
                              * * * * * * *
Mustard, seed                     0.05                None
Okra                              1.0                 None
Passionfruit                      1.0                 None
Papaya                            1.0                 None
                              * * * * * * *
Persimmon                         3.0                 None
                              * * * * * * *
Pulasan                           3.0                 None
Rambutan                          3.0                 None
Salal                             3.5                 None
Sapodilla                         1.0                 None
Sapote, black                     1.0                 None
Sapote, mamey                     1.0                 None
                              * * * * * * *
Spanish lime                      3.0                 None
Star apple                        1.0                 None
Starfruit                         1.0                 None
Strawberry                         0.50               None
                              * * * * * * *
Vegetable, leaves of root and     4.0                 None
 tuber, group 2
Vegetable, legume, except         4.0                 None
 soybean, group 6
Vegetable, root and tuber, group  0.40                None
 1, except sugar beet
                              * * * * * * *
Watercress                        3.5                 None
Wax jambu                         1.0                 None
                             * * * * * * *
------------------------------------------------------------------------
\1\ There are no U.S. registrations as of June 13, 2003 for use on
  banana.

* * * * *

[FR Doc. 03-17674 Filed 7-10-03; 8:45 am]
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