[Federal Register Volume 70, Number 220 (Wednesday, November 16, 2005)]
[Rules and Regulations]
[Pages 69456-69457]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-22609]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[OPP-2004-0326; FRL-7741-7]


S-metolachlor; Pesticide 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 August 31, 
2005 concerning regulations establishing tolerances for combined 
residues (free and bound) of S-metolachlor in or on certain commodities 
as set forth in Unit II. of the SUPPLEMENTARY INFORMATION of that 
document. This document is being issued to correct errors in the 
amendatory language and amendments.

DATES: This final rule is effective on August 31, 2005.

ADDRESSES: Follow the detailed instructions as provided under ADDRESSES 
in the Federal Register final rule of August 31, 2005.

FOR FURTHER INFORMATION CONTACT: Sidney Jackson, Registration Division 
(7505C), Office of Pesticide Programs, Environmental Protection Agency, 
1200 Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone 
number: (703) 305-7610; e-mail address: [email protected].

SUPPLEMENTARY INFORMATION:

I. General Information

    Please refer to the final rule that published on August 31, 2005 
for general information about potentially affected entities and 
accessing this document electronically.

II. What Does This Correction Do?

    EPA published in the Federal Register of August 31, 2005 (70 FR 
51628) (FRL-7716-1) regulations establishing tolerances for combined 
residues of S-metoclachlor in or on certain commodities as set forth in 
Unit II of the SUPPLEMENTARY INFORMATION of that document. Portions of 
the regulatory amendments and the regulatory text were set out 
incorrectly. This document is being published to correct those errors.

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 the use of notice and comment procedures are unnecessary to 
effectuate this correction. As such, 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?

    No. This action only corrects errors in the amendatory language for 
a previously published final rule and does not impose any new 
requirements. EPA's compliance with the statutes and Executive Orders 
for the underlying rule is discussed in Unit VII. of the August 31, 
2005, final rule (70 FR 51628).

V. Congressional Review Act

    The Congressional Review Act, 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. 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, Agricultural 
commodities, Pesticides and pests, Reporting and recordkeeping 
requirements.


    Dated: October 28, 2005.
Lois Rossi,
Director, Registration Division, Office of Pesticide Programs.

PART 180--[AMENDED]

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Therefore, 40 CFR part 180 is corrected as follows:
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1. The authority citation for part 180 continues to read as follows:

    Authority: 21 U.S.C. 321(q), 346a and 371.


Sec.  180.368  [Corrected]

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2. On page 51637, in the second column, in the amendments to Sec.  
180.368, amendatory instruction 2. iii. should read: By designating the 
existing

[[Page 69457]]

text as (c)(1) and adding paragraph (c)(2).


Sec.  180.368  [Corrected]

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3. On pages 51637 and 51638, in the third and first columns 
respectively, in the table to Sec.  180.368 (a)(3), remove the stars 
wherever they appear.
[FR Doc. 05-22609 Filed 11-15-05; 8:45 am]
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