[Federal Register Volume 74, Number 61 (Wednesday, April 1, 2009)]
[Rules and Regulations]
[Pages 14743-14744]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-7040]



40 CFR Part 180

[EPA-HQ-OPP-2007-0097; FRL-8407-2]

Captan, 2,4-D, Dodine, DCPA, Endothall, Fomesafen, Propyzamide, 
Ethofumesate, Permethrin, Dimethipin, and Fenarimol; Technical 

AGENCY:  Environmental Protection Agency (EPA).

ACTION:  Final rule; technical amendment.


SUMMARY:  EPA issued a final rule in the Federal Register of September 
12, 2007, revoking, revising, and establishing certain tolerances. This 
document is being issued to correct a terminology omission associated 
with DCPA and onions.

DATES:  This final rule is effective April 1, 2009.

ADDRESSES:  EPA has established a docket for this action under docket 
identification (ID) number EPA-HQ-OPP-2007-0097. All documents in the 
docket are listed in the docket index available in http://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 at http://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) 

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].


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 

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

    In addition to accessing electronically available documents at 
http://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 Technical Amendment Do?

    EPA issued a notice of proposed rulemaking in the Federal Register 
of June 6, 2007 (72 FR 31221) (FRL-8122-7), that proposed to revoke, 
revise, and establish certain tolerances for captan, 2,4-D, dodine, 
DCPA, endothall, fomesafen, propyzamide, ethofumesate, permethrin, 
dimethipin, and fenarimol. On page 31228, third column, first full 
paragraph, the Agency stated the following:

    . . . EPA is proposing to revise commodity terminology and 
tolerances to conform to current Agency practice in 40 CFR 
180.185(a) for the combined residues of the herbicide DCPA and its 
metabolites MTP and TCP (calculated as DCPA) in or on melon, honey 
dew to muskmelon; and onion to onion, bulb . . . .

The June 6, 2007 Federal Register publication was intended only to 
update commodity terminology, and not to revoke or revise the scope of 
existing tolerances. The existing tolerance for ``onion'' covered both 
``onion, bulb'' and ``onion, green'' as defined under current commodity 
terminology. The reference to ``onion, green'' was inadvertently 
omitted from both the June 6, 2007 proposed rule and the final rule 
published on September 12, 2007 (72 FR 52013) (FRL-8142-2). Use on both 
``onion, bulb'' and ``onion, green'' continues to be permitted 
according to labels of currently registered DCPA products, and the 
required safety findings for the residues permitted under the tolerance 
were made taking into account both types of onions. Therefore, 40 CFR 
180.185(a) is amended by establishing a tolerance for DCPA in/on onion, 
green at 1.0 ppm to effectuate EPA's original intention in the proposed 
and final rules changing terminology only.

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 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 this action merely corrects a drafting error in the rulemaking 
that was

[[Page 14744]]

contrary to the intention of the changes as discussed in the proposed 
rule. Notice and comment are unnecessary to correct an erroneous 
deletion of a tolerance that was neither intended nor discussed in 
rulemaking. EPA finds that this constitutes good cause under 5 U.S.C. 

IV. Do Any of the Statutory and Executive Order Reviews Apply to this 

    The discussion in Unit IV. of the September 12, 2007 final rule 
also applies to this action.

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: March 18, 2009.
Debra Edwards,
Director, Office of Pesticide Programs.

Therefore, 40 CFR Chapter I is amended as follows:


1. The authority citation for part 180 continues to read as follows:

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

2. Section 180.185, is amended by alphabetically adding the following 
commodity to the table in paragraph (a) to read as follows:

Sec.  180.185  DCPA; tolerances for residues.

    (a) General. * * *

                      Commodity                        Parts per million
                                * * * * *
Onion, green                                                         1.0
                                * * * * *

* * * * *

 4[FR Doc. E9-7040 Filed 3-31-09; 8:45 am]