[Federal Register Volume 68, Number 156 (Wednesday, August 13, 2003)]
[Rules and Regulations]
[Pages 48312-48313]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-20530]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[OPP-2003-0134; FRL-7320-5]


Diallyl Sulfides; Exemption from the Requirement of a Tolerance; 
Correction

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule; correction.

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SUMMARY: EPA issued a final rule in the Federal Register of July 9, 
2003, establishing an exemption from the requirement of a tolerance for 
residues of diallyl sulfides (DADs) in/or garlic, leeks, onions, and 
shallots. This document corrects a typographical error in the preamble 
that appeared in that document.

DATES: This document is effective on August 13, 2003.

FOR FURTHER INFORMATION CONTACT: Driss Benmhend, Biopesticides and 
Pollution Prevention Division (7511C), Office of Pesticide Programs, 
Environmental Protection Agency, 1200 Pennsylvania Ave., NW., 
Washington, DC 20460-0001; telephone number: (703) 308-9525; 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-2003-0134. The 
official public

[[Page 48313]]

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/.
    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 the Federal Register of July 9, 2003 (68 FR 40803) (FRL-7303-6), 
EPA published a final rule establishing an exemption from the 
requirement of a tolerance for residues of diallyl sulfides (DADs) in/
or garlic, leeks, onions, and shallots. This document corrects a 
typographical error that appeared in that document; the word 
pentasulfide should have appeared as tetrasulfide. The document is 
corrected as follows:
    On page 40804, second column, under Unit IV., the second paragraph, 
the first sentence is corrected to read as follows: ``DADs are a 
composition of diallyl sulfides that includes diallyl monosulfide, 
diallyl disulfide, diallyl trisulfide, and diallyl tetrasulfide.''

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 action final 
without prior proposal and opportunity for comment, because EPA is 
merely correcting a typographical error. 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 corrects a typographical error in the preamble of a 
previously published final rule, and it does not otherwise impose or 
amend any requirements. As such, the Office of Management and Budget 
(OMB) has determined that a 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

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

    Dated: August 1, 2003.
Janet L. Andersen,
Director, Biopesticides and Pollution Prevention Division.

[FR Doc. 03-20530 Filed 8-12-03; 8:45 am]
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