Federal Register / Vol. 77, No. 85 / Wednesday, May 2, 2012 / Rules and Regulations 25903 

costs on tribal governments or preempt 

tribal law. 

B. 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. Section 804, 

however, exempts from section 801 the 

following types of rules: Rules of 

particular applicability; rules relating to 

agency management or personnel; and 

rules of agency organization, procedure, 

or practice that do not substantially 

affect the rights or obligations of nonagency parties. 5 U.S.C. 804(3). Because 

this is a rule of particular applicability, 

EPA is not required to submit a rule 

report regarding this action under 

section 801. 

C. Petitions for Judicial Review 

Under section 307(b)(1) of the CAA, 

petitions for judicial review of this 

action must be filed in the United States 

Court of Appeals for the appropriate 

circuit by July 2, 2012. Filing a petition 

for reconsideration by the Administrator 

of this final rule does not affect the 

finality of this action for the purposes of 

judicial review nor does it extend the 

time within which a petition for judicial 

review may be filed, and shall not 

postpone the effectiveness of such rule 

or action. Parties with objections to this 

direct final rule are encouraged to file a 

comment in response to the parallel 

notice of proposed rulemaking for this 

action published in the proposed rules 

section of today’s Federal Register, 

rather than file an immediate petition 

for judicial review of this direct final 

rule, so that EPA can withdraw this 

direct final rule and address the 

comment in the proposed rulemaking. 

This action to remove the 1980 Consent 

Order for the Maryland Slag Company 

may not be challenged later in 

proceedings to enforce its requirements. 

(See section 307(b)(2).) 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Particulate matter. 

Dated: April 12, 2012. 

W.C. Early, 

Acting Regional Administrator, Region III. 

40 CFR part 52 is amended as follows: 

PART 52—[AMENDED] 

■ 1. The authority citation for part 52 

continues to read as follows: 

Authority: 42 U.S.C. 7401 et seq. 

Subpart V—Maryland 

■ 2. In § 52.1070, the table in paragraph 

(d) is amended by removing the entry 

for Maryland Slag Co. 

[FR Doc. 2012–10339 Filed 5–1–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2010–1079; FRL–9344–9] 

Thiamethoxam; Pesticide Tolerances; 

Technical Correction 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule; technical correction. 

SUMMARY: EPA issued a final rule in the 

Federal Register of March 2, 2012, 

concerning the establishment of 

tolerances for the insecticide 

thiamethoxam on multiple 

commodities. This document is being 

issued to correct various typographical 

omissions, specifically, the omission of 

previously established tolerances for 

caneberry subgroup 13–07A; mustard, 

seed; onion, dry bulb; papaya; safflower, 

seed; and nut, tree, group 14. 

DATES: This final rule is effective May 2, 

2012. 

ADDRESSES: EPA has established a 

docket for this action under docket 

identification (ID) number EPA–HQ– 

OPP–2010–1079. 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: Julie 

Chao, Registration Division (7505P), 

Office of Pesticide Programs, 

Environmental Protection Agency, 1200 

Pennsylvania Ave. NW., Washington, 

DC 20460–0001; telephone number: 

(703) 308–8735; email address: 

chao.julie@epa.gov. 

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. If you have 

questions regarding the applicability of 

this action to a particular entity, consult 

the person listed under FOR FURTHER

INFORMATION CONTACT. 

II. What does this technical correction 

do? 

This technical correction reinstates 

previously established tolerances for the 

insecticide thiamethoxam in or on: 

Caneberry subgroup 13–07A at 0.35 

parts per million (ppm); mustard, seed 

at 0.02 ppm; nut, tree, group 14 at 0.02 

ppm; onion, dry bulb at 0.03 ppm; 

papaya at 0.40 ppm; and safflower, seed 

at 0.02 ppm. These tolerances were 

inadvertently deleted from the table in 

paragraph (a) under 40 CFR Part 180.565 

in the final rule establishing new 

tolerances for thiamethoxam on several 

commodities that published in the 

Federal Register of March 2, 2012 (77 

FR 12731) (FRL–9331–8). 

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 the 

tolerances being reinstated in the table 

in paragraph (a) of 40 CFR 180.565 are 

permanent tolerances that were 

inadvertently omitted from that table in 

the course of a rulemaking that 

amended the table to establish several 

new tolerances. As part of that 

rulemaking, EPA prepared a revised 

table listing the current and new 

tolerances. In preparing the revised 

table, that contains tolerances on over 

80 commodities, EPA inadvertently 

overlooked the tolerances identified in 

Unit II. It is clear on the face of the 

rulemaking document that the omission 

of the tolerances identified in Unit II 


emcdonald on DSK29S0YB1PROD with RULES
25904 Federal Register / Vol. 77, No. 85 / Wednesday, May 2, 2012 / Rules and Regulations 

was a typographical error because the 

document in no place mentions, or 

suggests, an intention of removing those 

tolerances. Public comment is 

unnecessary on an action to correct such 

a clear inadvertent error. 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 final rule corrects a technical 

error and does not otherwise change the 

requirements in the final rule. As a 

technical correction, this action is not 

subject to the statutory and Executive 

Order review requirements. For 

information about the statutory and 

Executive Order review requirements as 

they related to the final rule, see Unit 

IV. in the Federal Register of March 2, 

2012. 

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 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: April 18, 2012. 

Lois Rossi, 

Registration Division, Office of Pesticide 

Programs. 

Therefore, 40 CFR 180.565 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 and 371. 

■ 2. Section 180.565 is corrected by 

alphabetically adding: Caneberry 

subgroup 13–07A; mustard, seed; onion, 

dry bulb; papaya; safflower, seed; and 

nut, tree, group 14 to the table in 

paragraph (a) to read as follows: 

§ 180.565 Thiamethoxam; tolerances for 

residues. 

(a) * * * 

Commodity Parts per 

million 

* * * * * 

Caneberry subgroup 13–07A ....... 0 .35 

* * * * * 

Mustard, seed ............................... 0 .02 

Nut, tree, group 14 ....................... 0 .02 

* * * * * 

Onion, dry bulb ............................. 0 .03 

* * * * * 

Papaya .......................................... 0 .40 

* * * * * 

Safflower, seed ............................. 0 .02 

* * * * * 

* * * * * 

[FR Doc. 2012–10343 Filed 5–1–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2011–0449; FRL–9346–4] 

Acequinocyl; Pesticide Tolerances 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: This regulation establishes 

tolerances for residues of acequinocyl in 

or on multiple commodities which are 

identified and discussed later in this 

document. This regulation additionally 

removes several established individual 

tolerances, as they will be superseded 

by inclusion in crop subgroup 

tolerances or by updated commodity 

terminology. Interregional Research 

Project Number 4 (IR–4) requested these 

tolerances under the Federal Food, 

Drug, and Cosmetic Act (FFDCA). 

DATES: This regulation is effective May 

2, 2012. Objections and requests for 

hearings must be received on or before 

July 2, 2012, and must be filed in 

accordance with the instructions 

provided in 40 CFR part 178 (see also 

Unit I.C. of the SUPPLEMENTARY

INFORMATION). 

ADDRESSES: EPA has established a 

docket for this action under docket 

identification (ID) number EPA–HQ– 

OPP–2011–0449. All documents in the 

docket are listed in the docket index 

available at 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: 

Laura Nollen, Registration Division 

(7505P), Office of Pesticide Programs, 

Environmental Protection Agency, 1200 

Pennsylvania Ave. NW., Washington, 

DC 20460–0001; telephone number: 

(703) 305–7390; email address: 

nollen.laura@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. 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 

the person listed under FOR FURTHER

INFORMATION CONTACT. 

B. How can I get electronic access to 

other related information? 

You may access a frequently updated 

electronic version of EPA’s tolerance 

regulations at 40 CFR part 180 through 

the Government Printing Office’s e-CFR 


emcdonald on DSK29S0YB1PROD with RULES