[Federal Register Volume 69, Number 111 (Wednesday, June 9, 2004)]
[Rules and Regulations]
[Pages 32281-32282]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-12912]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[OPP-2004-0169; FRL-7362-4]


Indoxacarb; Tolerances for Residues; Technical Correction

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule; technical correction.

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SUMMARY: EPA, in making amendments to this section, has identified 
typographical errors in the chemical name of indoxacarb throughout this 
section. This document is being issued to correct these typographical 
errors.

DATES: This final rule is effective on June 9, 2004.

ADDRESSES: EPA has established a docket for this action under docket ID 
number OPP-2004-0169. All documents in the docket are listed in the 
EDOCKET index at http://www.epa.gov/edocket/. Although listed in the 
index, some information is not publicly available, i.e., Confidential 
Business Information (CBI) or other information whose disclosure is 
restricted by statute. Certain other material, such as copyrighted 
material, is not placed on the Internet and will be publicly available 
only in hard copy form. Publicly available docket materials are 
available either electronically in EDOCKET or in hard copy 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.

FOR FURTHER INFORMATION CONTACT: Ann Hanger, Registration Division 
(7505C), Office of Pesticide Programs, Environmental Protection Agency, 
1200 Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone 
number: (703) 306-0395; e-mail address: [email protected].

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action Apply to Me?

    You may be potentially affected by this action if you are an 
agricultural producer, food manufacturer, or pesticide manufacturer. 
Potentially affected entities may include, but are not limited to:
     Crop production (NAICS 111), e.g., Agricultural workers; 
Greenhouse, nursery, and floriculture workers; Farmers.
     Animal production (NAICS 112), e.g., Cattle ranchers and 
farmers, Dairy cattle farmers, Livestock farmers.
     Food manufacturing (NAICS 311), e.g., Agricultural 
workers; Farmers; Greenhouse, nursery, and floriculture workers; 
Ranchers; Pesticide applicators.
     Pesticide manufacturing (NAICS 32532), e.g., Agricultural 
workers; Commercial applicators; Farmers; Greenhouse, nursery, and 
floriculture workers; Residential users.
    This listing is not intended to be exhaustive, but rather provides 
a guide for readers regarding entities likely to be affected by this 
action. Other types of entities not listed in this unit could also be 
affected. The North American Industrial Classification System (NAICS) 
codes have been provided to assist you and others in determining 
whether this action might apply to certain entities. 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 Access Electronic Copies of This Document and Other 
Related Information?

    In addition to using EDOCKET (http://www.epa.gov/edocket/), 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 on E-CFR Beta Site Two at http://www.gpoaccess.gov/ecfr/.

II. 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 this 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).

[[Page 32282]]

III. Do Any of the Statutory and Executive Order Reviews Apply to this 
Action?

    This final rule is a technical correction. It does not otherwise 
impose or amend any requirements. As such, this action is not a 
``significant regulatory action'' under Executive Order 12866, entitled 
Regulatory Planning and Review (58 FR 51735, October 4, 1993), and is 
therefore not subject to review by OMB.
    Because this action is not economically significant as defined by 
section 3(f) of Executive Order 12866, this action is not subject to 
Executive Order 13045, entitled Protection of Children from 
Environmental Health Risks and Safety Risks (62 FR 19885, April 23, 
1997).
    This rule does not contain any new information collection 
requirements that require review or approval by OMB pursuant to PRA.
    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 II.), this action is not subject to the 
regulatory flexibility 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 a significant intergovernmental mandate, as 
described in sections 203 and 204 of UMRA. This rule will not have 
substantial direct effects on the States, on the relationship between 
the national government and the States, or on the distribution of power 
and responsibilities among the various levels of government, as 
specified in Executive Order 13132, entitled Federalism (64 FR 43255, 
August 10, 1999). Similarly, this rule will not have substantial direct 
effects on tribal governments, on the relationship between the Federal 
Government and Indian tribes, or on the distribution of power and 
responsibilities between the Federal Government and Indian tribes, as 
specified in Executive Order 13175, entitled Consultation and 
Coordination with Indian Tribal Governments (65 FR 67249, November 6, 
2000).
    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 rule 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), because this action 
is not a significant regulatory action under Executive Order 12866.
    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).

IV. 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: May 27, 2004.
Lois Rossi,
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), 346a and 371.

0
2. Section 180.564 is amended by revising paragraphs (a)(1) 
introductory text, (a)(2) introductory text, and (b) introductory text 
to read as follows:


Sec.  180.564  Indoxacarb; tolerances for residues.

    (a) * * *
    (1) Tolerances are established for the combined residues of the 
insecticide indoxacarb, (S)-methyl 7-chloro-2,5-dihydro-2-
[[(methoxycarbonyl)[4-(trifluoromethoxy)phenyl] 
amino]carbonyl]indeno[1,2-e][1,3,4]oxadiazine-4a(3H)-carboxylate, and 
its R-enantimomer, (R)-methyl 7-chloro-2,5-dihydro-2-
[[(methoxycarbonyl)[4-(trifluoromethoxy)phenyl]amino] 
carbonyl]indeno[1,2-e][1,3,4]oxadiazine-4a(3H)-carboxylate, in or on 
the following raw agricultural commodities:
* * * * *
    (2) Time-limited tolerances are established for combined residues 
of indoxacarb, (S)-methyl 7-chloro-2,5-dihydro-2-[[(methoxycarbonyl) 
[4-(trifluoromethoxy) phenyl]amino] carbonyl] indeno[1,2-
e][1,3,4]oxadiazine-4a(3H)-carboxylate, and its R-enantiomer, (R)-
methyl 7-chloro- 2,5-dihydro-2- [[(methoxycarbonyl)[4-
(trifluoromethoxy) phenyl]amino] carbonyl]indeno[1,2-e] 
[1,3,4]oxadiazine-4a(3H)- carboxylate, in connection with use of the 
pesticide under FIFRA section 5 experimental use permit granted by EPA. 
The tolerances are specified in the following table, and will expire 
and are revoked on the dates specified.
* * * * *
    (b) Time-limited tolerances are established for the residues of 
indoxacarb, (S)-methyl 7-chloro-2,5-dihydro-2-[[(methoxycarbonyl)[4-
(trifluoromethoxy)phenyl] amino]carbonyl]indeno [1,2-
e][1,3,4]oxadiazine-4a(3H)-carboxylate, and its R-enantiomer, (R)-
methyl 7-chloro-2,5-dihydro-2-[[(methoxycarbonyl)[4-
(trifluoromethoxy)phenyl] amino]carbonyl]indeno[1,2-
e][1,3,4]oxadiazine-4a(3H)-carboxylate, in connection with use of the 
pesticide under section 18 emergency exemptions granted by EPA. The 
tolerances are specified in the following table, and will expire and 
are revoked on the dates specified.
* * * * *
[FR Doc. 04-12912 Filed 6-8-04; 8:45 am]
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