[Federal Register Volume 70, Number 138 (Wednesday, July 20, 2005)]
[Rules and Regulations]
[Pages 41618-41619]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-13979]



[[Page 41618]]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[OPP-2005-0115; FRL-7725-1]


Two Isopropylamine Salts of Alkyl C4 and Alkyl 
C8-10 Ethoxyphosphate Esters; Exemption from the Requirement 
of a 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 June 1, 
2005, establishing two tolerance exemptions for two isopropylamine 
salts. This document is being issued to correct the CAS Reg. No. for 
one of those salts, 2-propanamine, compound with [alpha]-phosphono-
[omega]-butoxypoly (oxy-1,2-ethanediyl) (2:1).

DATES: This final rule is effective on July 20, 2005.

ADDRESSES: Follow the detailed instructions as provided under ADDRESSES 
in the Federal Register document of May 18, 2005.

FOR FURTHER INFORMATION CONTACT: Kathryn Boyle, Registration Division 
(7505C), Office of Pesticide Programs, Environmental Protection Agency, 
1200 Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone 
number: (703) 305-6304; 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 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 part 180 is available at E-CFR Beta Site Two at http://www.gpoaccess.gov/ecfr/.

II. What Does this Correction Do?

    A tolerance exemption for 2-propanamine, compound with [alpha]-
phosphono-[omega]-butoxypoly (oxy-1,2-ethanediyl) (2:1) was established 
in the Federal Register of June 1, 2005, (70 FR 31365) (FRL-7712-1). In 
that document the CAS Registration No. (CAS Reg. No.) in the tolerance 
exemption expression and in the preamble was incorrectly listed as 
43140-31-2. The valid CAS Reg. No. should be 431040-31-2.
    The CAS Reg. No. now appearing as ``43140-31-2'' is corrected to 
read ``431040-31-2'' on the following pages of the preamble of the 
final rule published on June 1, 2005 (FR Doc. 05-10845):
    1. On page 31365, in the third column, under Unit II., in the 
second paragraph, in the eighth line.
    2. On page 31368, in the first column, under Unit VIII., seventh 
line from the bottom.
    3. On page 31368, in the second column, under Unit X., in the sixth 
line.

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 this technical 
correction final without prior proposal and opportunity for comment, 
because EPA is merely correcting a typographical error in a previously-
published final rule in the Chemical Abstracts Service (CAS) numerical 
designation for a chemical.
    A chemical can be described by more than one name. But, the CAS Reg 
No. is the most unique identifier for a chemical substance. CAS Reg. 
Nos. are assigned by a specific set of procedures which allow for a 
verification check. (See http://www.cas.org/EO/checkdig.html). A CAS 
Reg. No. in which a zero was inadvertently left out fails the 
verification procedure, and thus is not recognized as a valid 
identifier.
    The CAS Reg No. given in these actions had a typographical error 
but should not have been a source of confusion since the typographical 
error resulted in the CAS Reg. No. being invalid not in it identifying 
a different chemical. Moreover, the text of the preamble in the final 
rule clearly identified the chemical by its correct chemical 
nomenclature.
    Notice and public procedures are unnecessary for such a minor 
change. 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 subject to OMB approval under 
the Paperwork Reduction Act (PRA), 44 U.S.C. 3501 et seq.), 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).
    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.).
    This action will not result in environmental justice related issues 
and does not, therefore, require any special considerations under 
Executive Order 12898, entitled Federal Actions to Address 
Environmental Justice in Minority Populations and Low-Income 
Populations (59 FR 7629, February 16, 1994).
    Since this action 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 would 
require Agency 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 technical correction will not have a substantial direct effect 
on States, on the relationship between the national government and the 
States, or on the distribution of power and

[[Page 41619]]

responsibilities among the various levels of government, as specified 
in Executive Order 13132, entitled Federalism (64 FR 43255, August 10, 
1999). Executive Order 13132 requires EPA to develop an accountable 
process to ensure ``meaningful and timely input by State and local 
officials in the development of regulatory policies that have 
federalism implications.'' ``Policies that have federalism 
implications'' is defined in the Executive order to include regulations 
that 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.'' This technical correction does not alter the 
relationships or distribution of power and responsibilities established 
by Congress in the preemption provisions of section 408(n)(4) of the 
FFDCA. For these same reasons, this technical correction does not have 
any ``tribal implications'' as described in Executive Order 13175, 
entitled Consultation and Coordination with Indian Tribal Governments 
(65 FR 67249, November 6, 2000). Executive Order 13175, requires EPA to 
develop an accountable process to ensure ``meaningful and timely input 
by tribal officials in the development of regulatory policies that have 
tribal implications.'' ``Policies that have tribal implications'' is 
defined in the Executive order to include regulations that have 
``substantial direct effects on one or more Indian tribes, on the 
relationship between the Federal Government and the Indian tribes, or 
on the distribution of power and responsibilities between the Federal 
Government and Indian tribes.'' 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. Thus, Executive Order 13175 does 
not apply to this rule.

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, 2005.
Betty Shackleford,
Acting Director, Registration Division, Office of Pesticide Programs.

0
Therefore, 40 CFR part 180 is amended 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. In Sec.  180.920, by revising the entry for 2-Propanamine, compound 
with [alpha]-phosphono-[omega]-butoxypoly (oxy-1,2-ethanediyl) (2:1), 
in the table, to read as follows:


Sec.  180.920  Inert ingredients used pre-harvest; exemptions from the 
requirement of a tolerance.

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      Inert ingredients             Limits                 Uses
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                              * * * * * * *
2-Propanamine, compound with   Not more than     Surfactant
 [alpha]-phosphono-[omega]-     15% in the
 butoxypoly (oxy-1,2-           formulated
 ethanediyl) (2:1). (CAS Reg.   product.
 No. 431040-31-2).
 
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[FR Doc. 05-13979 Filed 7-19-05; 8:45 am]
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