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Pyridaben - Pesticide Tolerance Technical Correction 6/01

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[OPP-301013A; FRL-6786-5]

Pyridaben; Pesticide Tolerance Technical Correction

AGENCY:  Environmental Protection Agency (EPA).

ACTION:  Final rule; technical correction.

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SUMMARY:  EPA published a final rule in the Federal Register of July
14, 2000, that amended and established tolerances for pyridaben. The
regulatory text of the document incorrectly amended the table in
Sec. 180.494(a) by adding an entry "citrus, crop group" at a
tolerance level of 0.05 parts per million (ppm). The entry should have
read "citrus" at a tolerance level of 0.5 ppm. This document corrects
the error.

DATES:  This technical correction is effective June 21, 2001.

FOR FURTHER INFORMATION CONTACT: Melody Banks, Registration Division
(7505C), Office of Pesticide Programs, Environmental Protection Agency,
1200 Pennsylvania Ave., NW., Washington, DC 20460; telephone number:
(703) 305-5413; e-mail address: banks.melody@epa.gov.

SUPPLEMENTARY INFORMATION:

I. Does this Action Apply to Me?

    You may be 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 the Federal 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/
cfr_00/Title_40/40cfr180_00. a beta site currently under development.
     2. In person. The Agency has established an official record for
this action under docket control number OPP-301013. The official record
consists of the documents specifically referenced in this action, any
public comments received during an applicable comment period, 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,
Crystal 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?

     Tolerances for pyridaben on various commodities were published in
the Federal Register of July 14, 2000 (65 FR 43704) (FRL-6593-1). In
that document, the regulatory text incorrectly amended Sec. 180.494(a)
by adding an entry "citrus, crop group" at a tolerance level of 0.05
ppm. The entry should have read "citrus" at a tolerance level of 0.5
ppm. This technical correction re-establishes the tolerance for
"citrus" at 0.5 ppm and removes the entry for "citrus, crop group"
under the table in Sec. 180.494(a). The preamble of the final rule
clearly stated that the tolerance level for citrus was to remain the
same. (See Unit II. of the final rule.)

IV. Why is this Technical Correction Issued as a Final Rule?

    Section 553 of the Administrative Procedure Act (APA), 5 U.S.C.
553(b)(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 rule without providing
notice and an opportunity for public comment. EPA has determined that
there is good cause for making this rule final without prior proposal
and opportunity for comment, because EPA is merely re-establishing the
tolerance level for pyridaben on
"citrus" that was inadvertently deleted and removing the tolerance
for "citrus, crop group" that was inadvertently added in the Federal
Register of July 14, 2000. EPA finds that this constitutes good cause
under 5 U.S.C. 553(b)(B).

V. Regulatory Assessment Requirements

    This final rule implements a technical correction to the CFR, and
it does not otherwise impose or amend any requirements. As such, the
Office of Management and Budget (OMB) has determined that a technical
correction is not a "significant regulatory action" subject to review
by OMB under Executive Order 12866, entitled Regulatory Planning and
Review (58 FR 51735, October 4, 1993). Nor does this final rule contain
any information collection requirements that require review and
approval by OMB pursuant to the Paperwork Reduction Act of 1995 (PRA)
(44 U.S.C. 3501 et seq.).
    Because this action is not economically significant as defined by
section 3(f) of Executive Order 12866, this action is not subject to
Executive Order 13045, entitled Protection of Children from
Environmental Health Risks and Safety Risks (62 FR 19885, April 23,
1997). This action will not result in environmental justice related
issues and does not, therefore, require special consideration 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 the Agency has made a "good cause" finding that this action
is not subject to notice-and-comment requirements under the APA or any
other statute (see Unit IV.), this action is not subject to provisions
of the Regulatory Flexibility Act (RFA) (5 U.S.C. 601 et seq.), or to
sections 202 and 205 of the Unfunded Mandates Reform Act of 1995 (UMRA)
(Public Law 104-4). In addition, this action does not significantly or
uniquely affect small governments or impose a significant
intergovernmental mandate, as described in sections 203 and 204 of
UMRA.
    This final rule will not have substantial direct effects on the
States or on one or more Indian tribes, on the relationship between the
national government and the States or one or more Indian tribes, or on
the distribution of power and responsibilities among the various levels
of government or between the Federal government and Indian tribes. As
such, this action 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), or any "federalism implications" as described in Executive
Order 13132, entitled Federalism (64 FR 43255, August 10, 1999).
    This action does not involve any technical standards that require
the Agency's 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).
    In issuing this final rule, EPA has taken the necessary steps to
eliminate drafting errors and ambiguity, minimize potential litigation,
and provide a clear legal standard for affected conduct, as required by
section 3 of Executive Order 12988, entitled Civil Justice Reform (61
FR 4729, February 7, 1996).
    EPA has complied with Executive Order 12630, entitled Governmental
Actions and Interference with Constitutionally Protected Property
Rights (53 FR 8859, March 15, 1988), by examining the takings
implications of this rule in accordance with the "Attorney General's
Supplemental Guidelines for the Evaluation of Risk and Avoidance of
Unanticipated Takings" issued under the Executive Order.
    For information about the applicability of the regulatory
assessment requirements to the final rule that was issued on July 14,
2000 (64 FR 43704), please refer to the discussion in Unit VIII. of
that document.

IV. 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 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 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 11, 2001.
Peter Caulkins,
Acting Director, Registration Division, Office of Pesticide Programs.

    Therefore, 40 CFR chapter I is amended as follows:

PART 180--[AMENDED]

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

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

    2. Section 180.494 is amended by deleting the entry for "citrus,
crop group" and adding an entry for "citrus" to the table in
paragraph (a) to read as follows:

Sec. 180.494  Pyridaben; tolerances for residues.

    (a) * * *

------------------------------------------------------------------------
                                                  Revocation/expiration
          Commodity           Parts per million            date
------------------------------------------------------------------------
Citrus......................                0.5                     None
------------------------------------------------------------------------

* * * * *
[FR Doc. 01-15618 Filed 6-20-01; 8:45 am]