[Federal Register Volume 69, Number 126 (Thursday, July 1, 2004)]
[Rules and Regulations]
[Pages 39862-39864]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-15059]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 152, 154, 158, 159, 168, and 178

[OPP-2004- 0216; FRL-7368-4]


Office of Pesticide Programs Address Changes

AGENCY:  Environmental Protection Agency (EPA).

ACTION:  Final rule; technical amendment.

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SUMMARY: EPA is issuing this technical amendment to update the 
regulations of the Office of Pesticide Progams (OPP) to change several 
addresses and mail codes for OPP that have been changed in recent 
months.

DATES:  This final rule is effective on July 1, 2004.

ADDRESSES:  EPA has established a docket for this action under Docket 
identification number OPP-2004-0216. 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., 
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, 1801 South 
Bell St., Arlington, VA., Monday through Friday, excluding legal 
holidays. The Docket telephone number is (703) 305-5805.

FOR FURTHER INFORMATION CONTACT: Jean M. Frane, Field and External 
Affairs Division (7506C), Office of Pesticide Programs, Environmental 
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-
0001; telephone number: (703) 305-5944; e-mail 
address:[email protected].

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action Apply to Me?

    The Agency has not included in this technical amendment a list of 
those who may be potentially affected by this

[[Page 39863]]

action. If you have questions regarding the applicability of this 
action to a particular entity, consult the person listed under the FOR 
FURTHER INFORMATION CONTACT.

B. How Can I Access Electronic Copies of this Document and Other 
Related Information?

    In addition to using EDOCKET at 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 parts 152, 154, 158, 159, 168, and 178 are available at E-CFR Beta 
Site Two at http://www.gpoaccess.gov/ecfr/.

II. What Does this Technical Amendment Do?

    In recent months the addresses and some mail codes for the Office 
of Pesticide Programs have changed. This technical amendment effects 
the changes necessary to conform 40 CFR parts 152, 154, 158, 159, 168, 
and 178 to the new addresses and mail code.

III. Why is this Technical Amendment 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 rule without providing 
notice and an opportunity for public comment. EPA has determined that 
there is good cause for making this rule final without prior proposal 
and opportunity for comment. EPA has determined that these amendments 
are technical and non-substantive in nature because these amendments 
only correct address related information. Thus, notice and public 
procedure are unnecessary. EPA finds that this constitutes good cause 
under 5 U.S.C. 553(b)(B).

IV. What is the Agency's Authority for Taking this Action?

    EPA is issuing this document under its general rulemaking 
authority, Reorganization Plan No. 3 of 1970 (5 U.S.C. app.).

V. Statutory and Executive Order Reviews

    This final rule implements technical amendments and corrections to 
provisions that appear in 40 CFR parts 152, 154, 158, 159, 168, and 178 
to reflect changes in the Agency's official address, and it does not 
otherwise impose or amend any requirements. As such, the Office of 
Management and Budget (0MB) has determined that a technical amendment 
and/or 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 rule contain 
any information collection requirements that require review and 
approval by 0MB 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, 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 104-94). 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).
    Because this action is not economically significant as defined by 
section 3(f) of Executive Order 12866, and does not involve impacts to 
children, 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 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, nor 
is it expected to adversely affect energy supply, distribution, or use.
    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).

VI. Congressional Review Act

    The Congressional Review Act (CRA) (5 U.S.C. 801 et seq.), 
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. CRA section 808 allows the issuing agency 
to make a rule effective sooner than otherwise provided by the CRA, if 
the agency makes a good cause finding that notice and public procedure 
is impracticable, unnecessary, or contrary to the public interest. This 
determination must Be supported by a brief statement (5 U.S.C. 808(2)). 
As stated previously, EPA has made such a good cause finding, including 
the reasons therefore, and established an effective date of July 1, 
2004. 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 
the rule in the Federal Register. This action is not a ``major rule'' 
as defined by 5 U.S.C. 804(2).

List of Subjects

40 CFR Part 152, 159, and 178

    Environmental protection, Administrative practice and procedure, 
pesticides and pests, reporting and recordkeeping.

40 CFR Part 154

    Environmental protection, Administrative practice and procedure, 
pesticides and pests.

40 CFR Part 158

    Environmental protection, Confidential business information, 
pesticides and pests, reporting and recordkeeping.

40 CFR Part 168

    Environmental protection, Administrative practice and procedure, 
Advertising, pesticides and pests.


[[Page 39864]]


    Dated: June 28, 2004.
Susan B. Hazen,
Assistant Administrator, Office of Prevention, Pesticides and Toxic 
Substances.

0
Therefore, 40 CFR parts 152, 154, 158, 159, 168, and 178 are amended as 
follows:

PART 152--[AMENDED]

0
1. The authority citation for part 152 continues to read as follows:

    Authority:  7 U.S.C. 136-136y; Subpart U is also issued under 31 
U.S.C. 9701.


Sec. Sec. 152.55 and 152.414  [Amended]

0
2. Sections 152.55 and 152.414 are amended by changing the phrase ``TS-
767C'' to read ``7505C''.

PART 154--[AMENDED]

0
3. The authority citation for part 154 continues to read as follows:

    Authority:  15 U.S.C. 136a, d, and w.

0
4. Section 154.15 is amended by revising paragraph (f)(1)(ii) to read 
as follows:


Sec.  154.15  Docket for the Special Review.

* * * * *
    (f) * * *
    (1) * * *
    (ii) The docket and index will be available at the Program 
Management and Support Division, in Rm. 236, Crystal Mall 2, 
1801 South Bell St., Arlington, VA, from 8 a.m. to 4 p.m. Monday 
through Friday, excluding legal holidays.
* * * * *

PART 158--[AMENDED]

0
5. The authority citation for part 158 continues to read as follows:

    Authority:  7 U.S.C. 136-136y.

0
6. Section 158.45 is amended by revising paragraph (d) to read as 
follows:


Sec.  158.45  Waivers.

* * * * *
    (d) Availability of waiver decisions. Agency decisions under this 
section granting waiver requests will be available to the public at the 
Office of Pesticide Programs Reading Room, Rm. 236, Crystal Mall 
2, 1801 South Bell St., Arlington, VA 22202 from 8 a.m. to 4 
p.m., Monday through Friday, except legal holidays. Any person may 
obtain a copy of any waiver decision by written request in the manner 
set forth in 40 CFR part 2.

PART 159--[AMENDED]

0
7. The authority citation for part 159 continues to read as follows:

    Authority:  7 U.S.C. 136-136y.

0
8. Section 159.156 is amended by revising paragraph (b) to read as 
follows:


Sec.  159.156  How information must be submitted.

* * * * *
    (b) Be delivered in person or by courier service or by such other 
methods as the Agency deems appropriate to the following address, or to 
such other address as the Agency may subsequently specify in writing: 
Document Processing Desk-6(a)(2), Office of Pesticide Programs, Room 
266A, Crystal Mall 2, 1801 South Bell St., Arlington, Virginia 
22202.
* * * * *

PART 168--[AMENDED]

0
9. The authority citation for part 168 continues to read as follows:

    Authority:  7 U.S.C. 136-136y.

0
10. Section 168.65 is amended by revising paragraph 
(b)(1)(iii)(A)(2)(i) and (iii) to read as follows:


Sec.  168.65  Pesticide export label and labeling requirements.

* * * * *
    (b) * * *
    (1) * * *
    (iii) * * *
    (A) * * *
    (2) * * *
    (i) The change in color must result only from the addition of a dye 
included on the list of the chemicals exempted from the requirement of 
a tolerance at 40 CFR 180.910, 180.920, 180.930, and 180.950, and the 
dye must not be a List 1 inert. (List 1 inerts are those inerts which 
the Agency has identified as presenting toxicological concerns. The 
classification of inerts is explained in EPA's Policy Statement on 
Inert Ingredients in Pesticide Products, which can be obtained from the 
Office of Pesticide Programs public docket, Room 119, Crystal Mall 
 2, 1801 South Bell St., Arlington, Virginia 22202.)
* * * * *
    (iii) The change in fragrance must not result in a pesticide 
product containing a food or food-like fragrance. (See ``Food 
Fragrances in Pesticide Formulations,'' EPA's Office of Pesticide 
Programs Policy and Criteria Notice number 2155.1, November 20, 1975 
which can be obtained from the Office of Pesticide Programs public 
docket, Room 119, Crystal Mall 2, 1801 South Bell St., 
Arlington, Virginia 22202.)
* * * * *

PART 178--[AMENDED]

0
11. The authority citation for part 178 continues to read as follows:

    Authority:  7 U.S.C. 346a, 348, 371(a) ; Reorg. Plan No. 3 of 
1970.

0
12. Section 178.25 is amended by revising paragraphs (b)(1) and (b)(2) 
to read as follows:


Sec.  178.25  Form and manner of submission of objections.

* * * * *
    (b) * * *
    (1) Mailed submissions should be addressed to: Office of the 
Hearing Clerk (1900L), U.S. Environmental Protection Agency, 1200 
Pennsylvania Ave., NW., Washington, DC 20460.
    (2) For personal delivery, the Office of the Hearing Clerk is 
located at: Suite 350, 1099 14th St., NW., Washington, DC.
[FR Doc. 04-15059 Filed 6-29-04; 1:40 p.m.]
BILLING CODE 6560-50-S