[Federal Register Volume 75, Number 125 (Wednesday, June 30, 2010)]
[Rules and Regulations]
[Pages 37738-37739]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-15882]

[[Page 37738]]



40 CFR Part 180

[EPA-HQ-OPP-2010-0465; FRL-8831-6]

 1-Naphthaleneacetic Acid; Time-Limited Tolerance, Technical 

AGENCY: Environmental Protection Agency (EPA).

ACTION:  Final rule; technical correction.


SUMMARY: EPA issued a final rule in the Federal Register of September 
11, 2009, (74 FR 46689) (FRL-8426-2) concerning azinphos-methyl, 
disulfoton, esfenvalerate, ethylene oxide, fenvalerate, et al.; 
tolerance actions. Today's rule restores the time-limited tolerance for 
1-naphthaleneacetic acid in or on avocados which was inadvertently 
deleted by the September 11, 2009 final rule.

DATES: This final rule is effective June 30, 2010.

ADDRESSES: EPA has established a docket for this action under docket 
identification (ID) number EPA-HQ-OPP-2010-0465. 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: Libby Pemberton, Registration Division 
(7505P), Office of Pesticide Programs, Environmental Protection Agency, 
1200 Pennsylvania Ave., NW., Washington DC 20460-0001; telephone 
number: (703) 308-9364; e-mail address: [email protected].


I. 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 

II. What Does this Technical Correction Do?

    EPA published a final rule in the Federal Register of August 12, 
2009 (74 FR 40513) (FRL-8428-3) establishing a time-limited tolerance 
for residues of 1-naphthaleneacetic acid ethyl ester in or on avocados. 
That time-limited tolerance was inadvertently removed by a final rule 
published in the Federal Register of September 11, 2009 (74 FR 46689) 
(FRL-8426-2). Today's rule restores the time-limited tolerance for 1-
naphthaleneacetic acid in or on avocados inadvertently deleted by the 
September 11, 2009 final rule.

III. Why is this Correction Issued as a Final Rule?

    Section 408(l)(6) of FFDCA requires EPA to establish a time-limited 
tolerance or exemption from the requirement for a tolerance for 
pesticide chemical residues in food that will result from the use of a 
pesticide under an emergency exemption granted by EPA under section 18 
of FIFRA. Section 408(l)(6) authorizes EPA to establish such tolerances 
without providing notice or period for public comment. Section 408(e) 
of FFDCA allows EPA to establish a tolerance or an exemption from the 
requirement of a tolerance on its own initiative, i.e., without having 
received any petition from an outside party.
    In addition, section 553 of the Administrative Procedure Act (APA), 
5 U.S.C. 553(b)(3)(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 the final rule amendment to Sec. 180.155 previously published 
August 12, 2009 (74 FR 40513) (FRL-8428-3) was inadvertently deleted 
September 11, 2009 (74 FR 46689) (FRL-8426-2). EPA finds that this 
constitutes good cause under 5 U.S.C. 553(b)(3)(B).

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

    This document corrects a final rule that established a tolerance 
under section 408(d) of FFDCA in response to a petition submitted to 
the Agency. The Office of Management and Budget (OMB) has exempted 
these types of actions from review under Executive Order 12866, 
entitled Regulatory Planning and Review (58 FR 51735, October 4, 1993). 
Because this final rule has been exempted from review under Executive 
Order 12866, this final 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) or 
Executive Order 13045, entitled Protection of Children from 
Environmental Health Risks and Safety Risks (62 FR 19885, April 23, 
1997). This final rule does not contain any information collections 
subject to OMB approval under the Paperwork Reduction Act (PRA), 44 
U.S.C. 3501 et seq., nor does it 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 tolerances and exemptions that are established in accordance 
with sections 408(e) and 408(l)(6) of FFDCA, such as the tolerance in 
this final rule, do not require the issuance of a proposed rule, the 
requirements of the Regulatory Flexibility Act (RFA) (5 U.S.C. 601 et 
seq.) do not apply.
    This final rule directly regulates growers, food processors, food 
handlers, and food retailers, not States or tribes, nor does this 
action alter the relationships or distribution of power and 
responsibilities established by Congress in the preemption provisions 
of section 408(n)(4) of FFDCA. As such, the Agency has determined that 
this action will not have a substantial direct effect on States or 
tribal governments, on the relationship between the national government 
and the States or tribal governments, or on the distribution of power 
and responsibilities among the various levels of government or between 
the Federal Government and Indian tribes. Thus, the Agency has 
determined that Executive Order 13132, entitled Federalism (64 FR 
43255, August 10, 1999) and Executive Order 13175, entitled 
Consultation and Coordination with Indian Tribal Governments (65 FR 
67249, November 9, 2000) do not apply to this final rule. In addition, 
this final rule does not 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).
    This action does not involve any technical standards that would 
require Agency consideration of voluntary consensus standards pursuant 
to section

[[Page 37739]]

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).

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: June 21, 2010.
 Lois Rossi,
Director, Registration Division, Office of Pesticide Programs.

Therefore, 40 CFR chapter I is corrected as follows:


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

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

2. Add Sec.  180.155(b) to read as follows:

Sec.  180.155  1-Naphthaleneacetic acid; tolerances for residues.

* * * * *
    (b) Section 18 emergency exemptions. A time-limited tolerance 
specified in the following table is established for residues of the 
ethyl ester of 1-naphthaleneacetic acid in or on the following raw 
agricultural commodity resulting from use of the pesticide pursuant to 
FIFRA section 18 emergency exemptions. The tolerance will expire and is 
revoked on the date specified in the following table:

                                           Parts per      Expiration/
                Commodity                   million        revocation
Avocado.................................         0.05           12/31/12

* * * * *

[FR Doc. 2010-15882 Filed 6-29-10; 8:45 am]