[Federal Register Volume 77, Number 246 (Friday, December 21, 2012)]
[Rules and Regulations]
[Pages 75560-75561]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-30850]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2012-0029; FRL-9367-6]


Chlorantraniliprole; Pesticide Tolerances, 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 October 3, 
2012, concerning the establishment of tolerances for the insecticide 
chlorantraniliprole on multiple commodities. This document corrects 
inadvertent errors and omissions. The corrections are further discussed 
in Unit II.

DATES: This technical correction is effective December 21, 2012.

ADDRESSES: The docket for this action, identified by docket 
identification (ID) number EPA-HQ-OPP-2012-0029, is available at http://www.regulations.gov or at the Office of Pesticide Programs Regulatory 
Public Docket (OPP Docket) in the Environmental Protection Agency 
Docket Center (EPA/DC), EPA West Bldg., Rm. 3334, 1301 Constitution 
Ave. NW., Washington, DC 20460-0001. The Public Reading Room is open 
from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal 
holidays. The telephone number for the Public Reading Room is (202) 
566-1744, and the telephone number for the OPP Docket is (703) 305-
5805. Please review the visitor instructions and additional information 
about the docket available at http://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: Jennifer Urbanski, Registration 
Division, (7505P), Office of Pesticide Programs, Environmental 
Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460-
0001; telephone number: (703) 347-0156; email address: 
[email protected].

SUPPLEMENTARY INFORMATION:

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.

II. What does this technical correction do?

    EPA issued a final rule in the Federal Register on October 3, 2012, 
establishing tolerances for residues of the insecticide 
chlorantraniliprole in or on multiple commodities. (77 FR 60311). That 
rule incorrectly established tolerances for ``Rapeseed subgroup 20B'' 
and ``Sunflower subgroup 20C.'' Under EPA's crop group regulation there 
are no such crop groups or subgroups. Rather, as correctly indicated 
several times in the preamble to the rule, including in the description 
of the action being taken by the Agency and the amendatory instruction 
for Sec.  180.628, the correct regulatory crop subgroup designation is 
``Rapeseed subgroup 20A'' and ``Sunflower subgroup 20B.'' The rule also 
incorrectly established the tolerance level for the Sunflower subgroup 
as 0.3 parts per million (ppm) instead of 2.0 ppm, as indicated in the 
preamble. Both the correct crop subgroup names and the 2.0 tolerance 
level for the Sunflower subgroup tolerance were included in the 
publication of the notice of the petition. (77 FR 20344, April 4, 
2012). The October 3, 2012 rule also incorrectly established tolerances 
for ``Vegetable, foliage of legume, group 7, forage'' and ``Vegetable, 
foliage of legume, group 7, hay''. Under EPA's crop group regulation 
there are no such crop groups. Rather, there is only a crop group for 
``Vegetable, foliage of legume, group 7.'' The petition correctly 
requested a tolerance for ``Vegetable, foliage of legume, group 7.'' 
Therefore, this correction is replacing those two incorrect crop group 
designations and tolerances with ``Vegetable, foliage of legume, group 
7'' at a tolerance of 90 ppm.
    In addition, despite indicating that EPA was granting the 
petitioner's request for the revocation of existing tolerances made 
redundant by the establishment of crop group tolerances, EPA failed to 
remove from Sec.  180.628 the tolerances for cotton, undelinted seed, 
and lunaria, seed, even though tolerances for Cottonseed subgroup 20C 
and Rapeseed subgroup 20A, which cover cotton, undelinted seed and 
lunaria seed were granted. Therefore, EPA is revoking the tolerances 
for cotton, undelinted seed, and lunaria, seed, to address these 
redundancies.

[[Page 75561]]

III. Why is this correction 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 technical 
correction final without prior proposal and opportunity for comment, 
because this action merely corrects erroneous crop group names and an 
erroneous tolerance level that were due to an inadvertent error. Both 
the correct crop group names and tolerance level received prominent 
notice in the published notice of the petition and in EPA's preamble to 
the final rule. 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?

    No. For a detailed discussion concerning the statutory and 
executive order reviews, refer to Unit VI. of the October 3, 2007 final 
rule.

V. Congressional Review Act

    Pursuant to the Congressional Review Act (5 U.S.C. 801 et seq.), 
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 action 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: December 12, 2012.
Lois Rossi,
Director, Registration Division, Office of Pesticide Programs.

    Therefore, 40 CFR part 180 is corrected 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.


0
2. In Section 180.628, the table to paragraph (a) is amended as 
follows:
0
i. Remove the entries for Cotton, undelinted seed; Lunaria, seed; 
Rapeseed subgroup 20B; Sunflower subgroup 20C; Vegetable, foliage of 
legume, group 7, forage; and Vegetable, foliage of legume, group 7, 
hay.
0
ii. Add alphabetically entries for Rapeseed subgroup 20A; Sunflower 
subgroup 20B; and Vegetable, foliage of legume, group 7.
    The added entries read as follows:


Sec.  180.628  Chlorantraniliprole; tolerances for residues.

    (a) General. * * *

------------------------------------------------------------------------
                                                            Parts per
                       Commodity                             million
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                                * * * * *
Rapeseed subgroup 20A..................................              2.0
 
                                * * * * *
Sunflower subgroup 20B.................................              2.0
 
                                * * * * *
Vegetable, foliage of legume, group 7..................             90
 
                                * * * * *
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[FR Doc. 2012-30850 Filed 12-20-12; 8:45 am]
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