[Federal Register Volume 76, Number 115 (Wednesday, June 15, 2011)]
[Rules and Regulations]
[Pages 34883-34886]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-14569]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

 [EPA-HQ-OPP-2010-1081; FRL-8875-4]


Pesticide Tolerances; Technical Amendments

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA has reviewed its pesticide regulations and is making 
changes in a number of areas. These changes will correct cross-
references, remove expired tolerances, ``reserve'' paragraphs within 
sections that no longer have any tolerances listed due to the removal 
of expired tolerances, and remove sections that no longer have any 
tolerances due to the removal of expired tolerances. These changes have 
no substantive impact on any requirements. As such, notice and public 
comment procedures are unnecessary.

DATES: This final rule is effective June 15, 2011.

ADDRESSES: EPA has established a docket for this action under docket 
identification (ID) number EPA-HQ-OPP-2010-1081. 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) 
305-5805.

FOR FURTHER INFORMATION CONTACT: Andrew Ertman, Registration Division 
(7505P), Office of Pesticide Programs, Environmental Protection Agency, 
1200 Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone 
number: (703) 308-9367; e-mail address: [email protected].

SUPPLEMENTARY INFORMATION: 

I. Does this action apply to me?

    You may be potentially affected by this action if you are an 
agricultural producer, food manufacturer, or pesticide manufacturer. 
Potentially affected entities may include, but are not limited to those 
engaged in the following activities:
     Crop production (NAICS code 111).
     Animal production (NAICS code 112).
     Food manufacturing (NAICS code 311).
     Pesticide manufacturing (NAICS code 32532).
    This listing is not intended to be exhaustive, but rather to 
provide a guide for readers regarding entities likely to be affected by 
this action. Other types of entities not listed in this unit could also 
be affected. The North American Industrial Classification System 
(NAICS) codes have been provided to assist you and others in 
determining whether this action might apply to certain entities. If you 
have any questions regarding the applicability of this action to a 
particular entity, consult

[[Page 34884]]

the person listed under FOR FURTHER INFORMATION CONTACT.

II. What does this amendment do?

    This amendment makes changes in a number of areas within 40 CFR 
part 180, subpart C. In several sections within 40 CFR part 180, 
subpart C, there is a paragraph (c) to address tolerances with regional 
registrations that incorrectly cross-references 40 CFR 180.1(m) as 
providing the definition of the phrase ``tolerances with regional 
registrations.'' EPA recently made several changes to 40 CFR 180.1 that 
resulted in a redesignating of the paragraphs in the section, including 
changing 40 CFR 180.1(m) (defining the term ``tolerances with regional 
registrations'') to 40 CFR 180.1(l). 75 FR 76284 (December 8, 2010) 
(FRL-8853-8). No amendments were made to the body of 40 CFR 180.1(m). 
In the same rulemaking that resulted in the redesignating of 40 CFR 
180.1(m), EPA should have amended the cross-references to 40 CFR 
180.1(m) that appear throughout part 180. That change, however, was 
inadvertently not done. In this rule, EPA is now correcting that cross-
reference wherever it appears in 40 CFR part 180 by changing it from 
``Sec.  180.1(m)'' to ``Sec.  180.1(l).''
    This amendment revises certain sections in 40 CFR part 180, subpart 
C, to remove those time-limited tolerances that have expired based on 
the terms set in the tolerance. Since the tolerance is expired, it is 
no longer effective and should not appear in the regulation.
    This amendment reserves those paragraphs within specific sections 
in 40 CFR part 180, subpart C that no longer have any tolerances listed 
due to the removal of expired tolerances. In some cases, this also 
results in some paragraphs being redesignated as well.
    This amendment removes those sections in 40 CFR part 180, subpart C 
that no longer have any tolerances listed due to the removal of expired 
tolerances.

III. Why is this amendment issued as a final rule?

    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 amendment final 
without prior proposal and opportunity for comment, because notice and 
public comment are unnecessary. EPA is making only technical changes to 
correct cross-references rendered incorrect by a prior rulemaking, 
remove expired tolerances, reserve paragraphs within sections, and 
remove sections for which there are no longer any tolerances. None of 
these changes have a substantive effect on any requirement, or 
otherwise impose any new requirement, 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 
action?

    This rule makes technical changes to 40 CFR part 180, subpart C to 
correct cross-references, remove expired tolerances, improve the 
presentation and format of the regulation, and make other minor, non-
substantive improvements to the regulation. Other than clarifying EPA 
regulations, these amendments are not expected to have any impact on 
regulated parties or the public because they do not change existing 
requirements or impose any new requirements. Accordingly, these 
amendments were not designated a significant regulatory action under 
Executive Orders 12866 (58 FR 51735, October 4, 1993) and Executive 
Order 13653 (76 FR 3821, January 21, 2011). Nor does it impose or 
change any information collection burden that requires additional 
review by OMB under the provisions of the Paperwork Reduction Act of 
1995 (44 U.S.C. 3501 et seq.).
    Because the agency has made a ``good cause'' finding that this 
action is not subject to notice-and-comment requirements under the 
Administrative Procedure Act or any other statute (See Unit III.), it 
is not subject to the regulatory flexibility provisions of the 
Regulatory Flexibility Act (5 U.S.C. 601 et seq.), or to sections 202 
and 205 of the Unfunded Mandates Reform Act of 1995 (UMRA) (2 U.S.C. 
1531-1538). In addition, this action does not significantly or uniquely 
affect small governments or impose a significant inter-governmental 
mandate, as described in sections 203 and 204 of UMRA.
    This rule will not have substantial direct effect 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 (65 FR 67249, November 6, 2000). In addition, the 
agency has determined that his action 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 
responsibilities among the various levels of government, as specified 
in Executive Order 13132 (64 FR 43255, August 10, 1999).
    Since this action is not economically significant under Executive 
Order 12866, it is not subject to Executive Order 13045 (62 FR 19885, 
April 23, 1997), and Executive Order 13211 (66 FR 28355, May 22, 2001). 
Nor does it require any special considerations to address environmental 
justice under Executive Order 12898 (55 FR 7629, February 16, 1994).
    In addition, this action does not involve technical standards that 
would require the consideration of voluntary consensus standards 
pursuant to section 12(d) of the National Technology Transfer and 
Advancement Act (NTTAA) (15 U.S.C. 272).

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 the 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 procedures, 
Agricultural commodities, Pesticides and pests, Reporting and 
recordkeeping requirements.

    Dated: June 3, 2011.
 Daniel J. Rosenblatt,
Acting Director, Registration Division, Office of Pesticide Programs.

    Therefore, 40 CFR 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 34885]]




Sec. Sec.  [emsp14]180.106, 180.114, 180.123, 180.142, 180.145, 
180.153, 180.169, 180.184, 180.185, 180.191, 180.204, 180.205, 180.222, 
180.241, 180.253, 180.259, 180.275, 180.284, 180.291, 180.304, 180.314, 
180.330, 180.342, 180.378, 180.399, 180.412, 180.434, 180.447, 180.448, 
180.451, 180.503, 180.573, 180.579, 180.587  [Amended]

0
2. In Sec. Sec.  [emsp14]180.106, 180.114, 180.123, 180.142, 180.145, 
180.153, 180.169, 180.184, 180.185, 180.191, 180.204, 180.205, 180.222, 
180.241, 180.253, 180.259, 180.275, 180.284, 180.291, 180.304, 180.314, 
180.330, 180.342, 180.378, 180.399, 180.412, 180.434, 180.447, 180.448, 
180.451, 180.503, 180.573, 180.579, 180.587, in paragraph (c), remove 
the reference ``Sec.  [emsp14]180.1 (m)'' and add, in its place ``Sec.  
[emsp14]180.1 (l)''.


0
3. In Sec.  180.106, revise paragraph (b) to read as follows:


Sec.  180.106  Diuron; tolerances for residues.

* * * * *
    (b) Section 18 emergency exemptions. [Reserved]
* * * * *

0
4. In Sec.  180.110, revise paragraph (b) to read as follows:


Sec.  180.110  Maneb; tolerances for residues.

* * * * *
    (b) Section 18 emergency exemptions. [Reserved]
* * * * *


Sec.  [emsp14]180.145  [Amended]

0
5. In Sec.  180.145, remove paragraph (a)(2) and redesignate paragraph 
(a)(3) as paragraph (a)(2).


0
6. In Sec.  180.190, revise paragraph (d) to read as follows:


Sec.  180.190  Diphenylamine; tolerances for residues.

* * * * *
    (d) Indirect or inadvertent residues. [Reserved]


Sec.  180.228  [Removed]

0
7. Remove Sec.  180.228.


0
8. In Sec.  180.242, revise paragraph (b) to read as follows:


Sec.  180.242  Thiabendazole; tolerances for residues.

* * * * *
    (b) Section 18 emergency exemptions. [Reserved]
* * * * *

0
9. In Sec.  180.276, revise paragraph (b) to read as follows:


Sec.  180.276  Formetanate hydrochloride; tolerances for residues.

* * * * *
    (b) Section 18 emergency exemptions. [Reserved]
* * * * *

0
10. In Sec.  180.284, revise paragraph (b) to read as follows:


Sec.  180.284  Zinc phosphide; tolerances for residues.

* * * * *
    (b) Section 18 emergency exemptions. [Reserved]
* * * * *


Sec.  180.294  [Removed]

0
11. Remove Sec.  180.294.


Sec.  180.296  [Removed]


0
12. Remove Sec.  180.296.


Sec.  180.312  [Removed]


0
13. Remove Sec.  180.312.


Sec.  180.325  [Removed]


0
14. Remove Sec.  180.325.


0
15. In Sec.  180.328, in paragraph (a), in the table, remove the 
commodities Artichoke, globe; Avocado; Fig; Fruit, citrus; Fruit, pome; 
Fruit, stone; Olive and Pistachio; and revise paragraph (c) to read as 
follows:


Sec.  180.328  Napropamide; tolerances for residues.

* * * * *
    (c) Tolerances with regional registrations. [Reserved]
* * * * *


Sec.  180.345  [Amended]

0
16. In Sec.  180.345, in paragraph (c), remove the reference ``40 CFR 
180.1(m)'' and add, in its place ``Sec.  180.1(l)''.


Sec.  180.368  [Amended]

0
17. In Sec.  180.368, in paragraph (c)(1), remove the reference 
``180.1(m)'' and add, in its place ``Sec.  180.1(l)''.


Sec.  180.377  [Amended]

0
18. In Sec.  180.377, in paragraph (b), in the table, remove the 
commodities Wheat, aspirated grain fractions; Wheat, bran; Wheat, 
flour; Wheat, germ; Wheat, middlings and Wheat, shorts.


Sec.  180.379  [Removed]

0
19. Remove Sec.  180.379.


0
20. Section 180.401 is amended as follows:
0
a. Add a heading to paragraph (a);
0
b. Redesignate paragraph (b) as paragraph (c) and add a heading; in 
newly designated paragraph (c), remove the reference ``Sec.  
[emsp14]180.1(m)'' and add, in its place ``Sec.  [emsp14]180.1 (l)''; 
and
0
c. Add new paragraphs (b) and (d).
    The amendments read as follows:


Sec.  180.401  Thiobencarb; tolerances for residues.

    (a) General. * * *
    (b) Section 18 emergency exemptions. [Reserved]
    (c) Tolerances with regional registrations. * * *
    (d) Indirect or inadvertent residues. [Reserved]


Sec.  180.406  [Removed]

0
21. Remove Sec.  180.406.


0
22. In Sec.  180.410, in paragraph (a), in the table, remove the 
commodities Apple; Apple, wet pomace; Grape and Pear; and revise 
paragraph (c) to read as follows:


Sec.  180.410  Triadimefon; tolerances for residues.

* * * * *
    (c) Tolerances with regional registrations. [Reserved]
* * * * *

0
23. In Sec.  180.412, revise paragraph (b) to read as follows:


Sec.  180.412  Sethoxydim; tolerances for residues.

* * * * *
    (b) Section 18 emergency exemptions. [Reserved]
* * * * *

0
24. In Sec.  180.438, revise paragraph (b) to read as follows:


Sec.  180.438  Lambda-cyhalothrin and an isomer gamma-cyhalothrin; 
tolerances for residues.

* * * * *
    (b) Section 18 emergency exemptions. [Reserved]
* * * * *

0
25. In Sec.  180.443, revise paragraph (b) to read as follows:


Sec.  180.443  Myclobutanil; tolerances for residues.

* * * * *
    (b) Section 18 emergency exemptions. [Reserved]
* * * * *


Sec.  180.450  [Amended]

0
26. In Sec.  180.450, in paragraph (a), in the table, remove the 
commodities Sorghum, grain, forage; Sorghum, grain, grain and Sorghum, 
grain, stover.


Sec.  180.456  [Removed]

0
27. Remove Sec.  180.456.


0
28. In Sec.  180.476, revise paragraph (b) to read as follows:


Sec.  180.476  Triflumizole; tolerances for residues.

* * * * *

[[Page 34886]]

    (b) Section 18 emergency exemptions. [Reserved]
* * * * *

0
29. In Sec.  180.479, revise paragraph (b) to read as follows:


Sec.  180.479  Halosulfuron-methyl; tolerances for residues.

* * * * *
    (b) Section 18 emergency exemptions. [Reserved]
* * * * *

0
30. In Sec.  180.480, revise paragraph (b) to read as follows:


Sec.  180.480  Fenbuconazole; tolerances for residues.

* * * * *
    (b) Section 18 emergency exemptions. [Reserved]
* * * * *


Sec.  180.483  [Removed]

0
31. Remove Sec.  180.483.

0
32. In Sec.  180.493, revise paragraph (d) to read as follows:


Sec.  180.493  Dimethomorph; tolerances for residues.

* * * * *
    (d) Indirect or inadvertent residues. [Reserved]


0
33. In Sec.  180.515, revise paragraph (b) to read as follows:


Sec.  180.515  Carfentrazone-ethyl; tolerances for residues.

* * * * *
    (b) Section 18 emergency exemptions. [Reserved]
* * * * *

0
34. In Sec.  180.544, revise paragraph (d) to read as follows:


Sec.  180.544  Methoxyfenozide; tolerances for residues.

* * * * *
    (d) Indirect or inadvertent residues. [Reserved]


Sec.  180.549  [Amended]

0
35. In Sec.  180.549, remove paragraph (a)(2) and redesignate paragraph 
(a)(1) as paragraph (a).


0
36. In Sec.  180.561, revise paragraph (b) to read as follows:


Sec.  180.561  Acibenzolar-S-methyl; tolerances for residues.

* * * * *
    (b) Section 18 emergency exemptions. [Reserved]
* * * * *

0
37. In Sec.  180.571, revise paragraph (b) to read as follows:


Sec.  180.571  Mesotrione; tolerances for residues.

* * * * *
    (b) Section 18 emergency exemptions. [Reserved]
* * * * *

0
38. In Sec.  180.586, revise paragraph (b) to read as follows:


Sec.  180.586  Clothianidin; tolerances for residues.

* * * * *
    (b) Section 18 emergency exemptions. [Reserved]
* * * * *
[FR Doc. 2011-14569 Filed 6-14-11; 8:45 am]
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