[Federal Register Volume 74, Number 46 (Wednesday, March 11, 2009)]
[Rules and Regulations]
[Pages 10489-10490]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-5223]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2007-1170; FRL-8402-1]


Benfluralin, Carbaryl, Diazinon, Dicrotophos, Fluometruon, 
Formetanate Hydrochloride, Glyphosate, Metolachlor, Napropamide, 
Norflurazon, Pyrazon, and Tau-Fluvalinate; Technical Amendment

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule; technical amendment.

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SUMMARY: EPA issued a final rule in the Federal Register of September 
10, 2008, revoking, revising, and establishing certain tolerances. This 
document is being issued to correct the amendatory language for Sec.  
180.169.

DATES: This final rule is effective March 11, 2009.

ADDRESSES: EPA has established a docket for this action under docket 
identification (ID) number EPA-HQ-OPP-2007-1170. All documents in the 
docket are listed in the docket index available inhttp://www.regulations.gov. Although listed in the index, some information is 
not publicly available, e.g., 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 in the electronic 
docket athttp://www.regulations.gov, or, if only available in hard 
copy, at the OPP Regulatory Public Docket in Rm. S-4400, One Potomac 
Yard (South Bldg.), 2777 S. Crystal Dr., Arlington, VA. The Docket 
Facility is open from 8:30 a.m. to 4 p.m., Monday through Friday, 
excluding legal holidays. The Docket Facility telephone number is (703) 
305-5805.

FOR FURTHER INFORMATION CONTACT: Jane Smith, Special Review and 
Reregistration Division (7508P), Office of Pesticide Programs, 
Environmental Protection Agency, 1200 Pennsylvania Ave., NW., 
Washington, DC 20460-0001; telephone number: (703) 308-0048; 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 Access Electronic Copies of this Document and Other 
Related Information?

    In addition to accessing electronically available documents 
athttp://www.regulations.gov, you may access this Federal Register 
document electronically through the EPA Internet under the Federal 
Register listings at http://www.epa.gov/fedrgstr.

II. What Does this Amendment Do?

    EPA issued a final rule in the Federal Register of September 10, 
2008 (73 FR 52607) (FRL-8379-3), revoking, revising, and establishing 
certain tolerances for residues of benfluralin, carbaryl, diazinon, 
dicrotophos, fluometruon, formetanate hydrochloride, glyphosate, 
metolachlor, napropamide, norflurazon, pyrazon, and tau-fluvalinate.On 
page 52611, third column, the amendatory language for Sec.  180.169 
inadvertently omitted the phrasing to delete paragraphs (a)(3) and 
(a)(4). This document corrects that error.

III. Why is this 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 final rule without 
providing notice and an opportunity for public comment. EPA has 
determined that there is good cause for making today's technical 
amendment final without prior proposal and opportunity for comment, 
because the use of notice and comment procedures is unnecessary to 
effectuate this amendment. 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?

    EPA included the required statutory discussion in the September 10, 
2008 final rule (72 FR 52607).

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 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: February 17, 2009.
Debra Edwards,
Director, Office of Pesticide Programs.

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Therefore, 40 CFR part Chapter I 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.


[[Page 10490]]




Sec.  180.169  [Amended]

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2. Section 180.169 is amended by removing paragraphs (a)(3) and (a)(4).

[FR Doc. E9-5223 Filed 3-10-09; 8:45 am]
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