[Federal Register Volume 78, Number 105 (Friday, May 31, 2013)]
[Rules and Regulations]
[Pages 32574-32575]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-12750]



40 CFR Part 180

[EPA-HQ-OPP-2012-0283; FRL-9387-4]

Azoxystrobin; Pesticide Tolerance; Technical Correction

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule; Technical Correction.


SUMMARY: EPA issued a final rule in the Federal Register of April 24, 
2013, establishing new and modifying existing tolerances for residues 
of azoxystrobin. EPA inadvertently omitted the revised tolerance for 
wheat, forage to the table in the regulatory text. This document 
corrects that omission.

DATES: This technical correction is effective May 31, 2013.

ADDRESSES: The docket for this action, identified by docket 
identification (ID) number EPA-HQ-OPP-2012-0283, 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: Erin Malone, Registration Division 
(7505P), Office of Pesticide Programs, Environmental Protection Agency, 
1200 Pennsylvania Ave., NW., Washington DC 20460-0001; telephone 
number: (703) 347-0253; email address: [email protected].


I. Does this action apply to me?

    The Agency included in the April 24, 2013 final rule a list of 
those who may be potentially affected by this action.

[[Page 32575]]

II. What does this technical correction do?

    EPA issued a final rule in the Federal Register of April 24, 2013 
(78 FR 24094) (FRL-9384-2), establishing new and modifying existing 
tolerances for residues of the fungicide azoxystrobin in or on various 
commodities. EPA inadvertently omitted the revised tolerance for wheat, 
forage in the table in Sec.  180.507(a)(1) of the regulatory text. As 
indicated in the preamble to that final rule (on page 24099, first 
column, third full paragraph), EPA intended to revise, as part of the 
final rule, a tolerance for wheat, forage at 15.0 parts per million 
(ppm). This technical correction completes the action EPA intended to 
take in the final rule of April 24, 2013, by revising the existing 
tolerance for wheat, forage from 25 ppm to 15.0 ppm.

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 an omission. The preamble stated 
the Agency's intent to revise the tolerance level for azoxystrobin in 
or on wheat, forage. 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 

    No. For a detailed discussion concerning the statutory and 
executive order review, refer to Unit VI. of the April 24, 2013 final 

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: May 21, 2013.
Lois Rossi,
Director, Registration Division, Office of Pesticide Programs.

    Therefore, 40 CFR part 180 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. In Sec.  [emsp14]180.507, revise the commodity ``Wheat, forage'' in 
the table in paragraph (a)(1) to read as follows:

Sec.  [emsp14]180.507  Azoxystrobin; tolerances for residues.

    (a) * * *
    (1) * * *

                                                              Parts per
                         Commodity                             million
                                * * * * *
Wheat, forage..............................................         15.0
                                * * * * *

[FR Doc. 2013-12750 Filed 5-30-13; 8:45 am]