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sethoxydim (Poast) Pesticide Tolerance Technical Correction 11/01

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[OPP-301179A; FRL-6814-4]
RIN 2070-AB78


Sethoxydim; Pesticide Tolerance 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 10,
2001, establishing time-limited tolerances for combined residues of
sethoxydim and its metabolites containing the 2-cyclohexen-1-one moiety
(calculated as the herbicide). Inadvertently the regulatory text showed
the maximum permissible level for residues of sethoxydim in or on
``Sheep, mbyp'' at ``0.5 ppm''. This document makes a technical
correction to the regulatory text of the tolerance regulation in 40 CFR
180.412(b) to correctly show the maximum permissible level for residues
of sethoxydim in or on ``Sheep, mbyp'' at ``1.0 ppm''.

DATES: This regulation is effective December 19, 2001. Objections and
request for hearings, identified by docket control number OPP-301179A,
must be received by EPA on or before February 19, 2002.

ADDRESSES: Written objections and hearing requests may be submitted by
mail, in person, or by courier. Please follow the detailed instructions
for each method provided in Adverse comments may be submitted by mail,
electronically, or in person. Please follow the detailed instructions
for each method as provided in Unit II. of the SUPPLEMENTARY
INFORMATION. To ensure proper receipt by EPA, it is imperative that you
identify docket control number OPP-301179A in the subject line on the
first page of your response.

FOR FURTHER INFORMATION CONTACT: By mail: Libby Pemberton, Registration
Division (7505C), Office of Pesticide Programs, Environmental
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460;
telephone number: (703) 308-9364; e-mail address:
pemberton.libby@epa.gov.

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 categories and entities may include, but are not
limited to:

------------------------------------------------------------------------
                                                           Examples of
            Categories                 NAICS codes         Potentially
                                                        Affected Entities
------------------------------------------------------------------------
Industry                          111                 Crop production
                                   112                 Animal production
                                   311                 Food manufacturing
                                   32532               Pesticide
                                                        manufacturing
------------------------------------------------------------------------

     This listing is not intended to be exhaustive, but rather provides
a guide for readers regarding entities likely to be affected by this
action. Other types of entities not listed in the table could also be
affected. The North American Industrial Classification System (NAICS)
codes have been provided to assist you and others in determining
whether or not this action might apply to certain entities. If you have
questions regarding the applicability of this action to a particular
entity, consult the person listed under FOR FURTHER INFORMATION
CONTACT.

II. How Can I Get Additional Information, Including Copies of This
Document and Other Related Documents?

     1. Electronically. You may obtain electronic copies of this
document, and certain other related documents that might be available
electronically, from the EPA Internet Home Page at http://www.epa.gov/.
To access this document, on the Home Page select ``Laws and
Regulations,'' ``Regulations and Proposed Rules,'' and then look up the
entry for this document under the ``Federal Register--Environmental
Documents.'' You can also go directly to theFederal Register listings
at http://www.epa.gov/fedrgstr/. 
A frequently updated electronic
version of 40 CFR part 180 is available at http://
www.access.gpo.gov/nara/cfr/cfrhtml_180/Title_40/40cfr180_00.html, a
beta site currently under development.
     2. In person. The Agency has established an official record for
this action under docket control number OPP-301179A. The official
record consists of the documents specifically referenced in this
action, and other information related to this action, including any
information claimed as Confidential Business Information (CBI). This
official record includes the documents that are physically located in
the docket, as well as the documents that are referenced in those
documents. The public version of the official record does not include
any information claimed as CBI. The public version of the official
record, which includes printed, paper versions of any electronic
comments submitted during an applicable comment period is available for
inspection in the Public Information and Records Integrity Branch
(PIRIB), Rm. 119, Mall #2, 1921 Jefferson Davis Hwy., Arlington, VA,
from 8:30 a.m. to 4 p.m., Monday through Friday, excluding legal
holidays. The PIRIB telephone number is (703) 305-5805.

III. What Does this Technical Correction Do?

     A final rule to establish time-limited tolerances for combined
residues of sethoxydim and its metabolites containing the 2-cyclohexen-
1-one moiety (calculated as the herbicide) on various commodities was
published in the Federal Register on October 10, 2001 (66 FR 51587)
(FRL-6802-3). The preamble correctly stated that sethoxydim and its
metabolites was to be established for ``Sheep, mbyp'' at ``1.0 ppm''.
Inadvertently in the regulatory text it was listed at ``0.5 ppm''. This
correction is being published to establish a time-limited tolerance for
``Sheep, mbyp'' at ``1.0 ppm'' in 40 CFR 180.412(b).

IV. Do Any of the Regulatory Assessment Requirements Apply to this
Action?

     This final rule implements a technical correction to the CFR, and
it does not otherwise impose or amend any requirements. 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 rule has been
exempted from review under Executive Order 12866 due to its lack of
significance, this rule is not subject to Executive Order 13211,
Actions Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use (66 FR 28355, May 22, 2001). 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., or 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). Nor does it require any prior consultation as specified by
Executive Order 13084, entitled Consultation and Coordination with
Indian Tribal Governments (63 FR 27655, May 19, 1998); special
considerations as required by Executive Order 12898, entitled Federal
Actions to Address Environmental Justice in Minority Populations and
Low-Income Populations (59 FR 7629, February 16, 1994); or require OMB
review or any Agency action under Executive Order 13045, entitled
Protection of Children from Environmental Health Risks and Safety Risks
(62 FR 19885, April 23, 1997). This action does not involve any
technical standards that would require Agency consideration of
voluntary consensus standards pursuant to section 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). Since tolerances and
exemptions that are established on the basis of a petition under FFDCA
section 408(d), 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.
In addition, the Agency has determined that this 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, entitled Federalism (64 FR 43255, August 10,
1999). Executive Order 13132 requires EPA to develop an accountable
process to ensure ``meaningful and timely input by State and local
officials in the development of regulatory policies that have
federalism implications.'' ``Policies that have federalism
implications'' is defined in the Executive Order to include regulations
that have ``substantial direct effects on the 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.'' This final rule directly regulates growers, food
processors, food handlers and food retailers, not States. This action
does not alter the relationships or distribution of power and
responsibilities established by Congress in the preemption provisions
of FFDCA section 408(n)(4). For these same reasons, the Agency has
determined that this rule does not have any ``tribal implications'' as
described in Executive Order 13175, entitled Consultation and
Coordination with Indian Tribal Governments (65 FR 67249, November 6,
2000). Executive Order 13175, requires EPA to develop an accountable
process to ensure ``meaningful and timely input by tribal officials in
the development of regulatory policies that have tribal implications.''
``Policies that have tribal implications'' is defined in the Executive
Order to include regulations that have ``substantial direct effects on
one or more Indian tribes, on the relationship between the Federal
government and the Indian tribes, or on the distribution of power and
responsibilities between the Federal government and Indian tribes.''
This rule will not have substantial direct effects 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. Thus, Executive Order 13175 does not apply to
this rule.

V. Submission to Congress and the Comptroller General

     The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
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: November 29, 2001.
Peter Caulkins,
Acting Director, Registration Division, Office of Pesticide Programs.

     Therefore, 40 CFR part 180 is corrected as follows:

PART 180--[AMENDED]

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

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

     2. In Sec. 180.412, the table in paragraph (b) the entry for
``sheep, mbyp'' is corrected to read as follows:


Sec. 180.412  Sethoxydim; tolerances for residues.

* * * * *
     (b)   *  *  *

------------------------------------------------------------------------
                                                           Expiration/
              Commodity              Parts per million   revocation date
------------------------------------------------------------------------
                       *      *      *      *      *
Sheep, mbyp.......................                1.0           12/31/03
------------------------------------------------------------------------

* * * * *

[FR Doc. 01-30917 Filed 12-18-01; 8:45 am]
BILLING CODE 6560-50-S