68214 Federal Register / Vol. 75, No. 214 / Friday, November 5, 2010 / Rules and Regulations 

* * * * * 

Approved: October 13, 2010. 

M. Robb Hyde, 

Commander, JAGC, U.S. Navy, Deputy 

Assistant Judge Advocate, General (Admiralty 

and Maritime Law). 

Dated: October 28, 2010. 

D.J. Werner, 

Lieutenant Commander, Office of the Judge 

Advocate General, U.S. Navy, Federal 

Register Liaison Officer. 

[FR Doc. 2010–27927 Filed 11–4–10; 8:45 am] 

BILLING CODE 3810–FF–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2007–0099; FRL–8849–2] 

Flubendiamide; 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 August 18, 2010, 

concerning the establishment, 

reassessment, modification and 

revoking of tolerances for residues of 

flubendiamide, in or on multiple food 

and livestock commodities. This 

document is being issued to correct 

typographical errors in the referenced 

rule, specifically, to revise incorrect 

tolerance values for the established 

tolerances for corn, field, grain; corn, 

field, stover; corn, sweet, stover; and 

cotton gin byproducts. 

DATES: This final rule is effective 

November 5, 2010. 

ADDRESSES: EPA has established a 

docket for this action under docket 

identification (ID) number EPA–HQ– 

OPP–2007–0099. 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: 

Carmen Rodia, Registration Division 

(7504P), Office of Pesticide Programs, 

Environmental Protection Agency, 1200 

Pennsylvania Avenue, NW., 

Washington, DC 20460–0001; telephone 

number: (703) 306–0327; fax number: 

(703) 308–0029; e-mail address: 

rodia.carmen@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? 

Currently, 40 CFR 180.639(a)(1) 

provides an incorrect tolerance value for 

the established tolerances for corn, field, 

grain (0.02 ppm); corn, field, stover 

(0.15 ppm); corn, sweet, stover (0.25 

ppm); and cotton gin byproducts (0.60 

ppm). As supported by submitted field 

trial and processing data, these 

tolerance values should be revised to 

0.03 ppm; 15 ppm; 25 ppm; and 60 

ppm, respectively. Therefore, EPA is 

correcting the entries for corn, field, 

grain; corn, field, stover; corn, sweet, 

stover; and cotton gin byproducts in the 

table in § 180.369(a)(1). 

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 

final rule corrects a number of 

typographical errors and does not 

otherwise change the original 

requirements of 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? 

This final rule corrects a number of 

typographical errors and does not 

otherwise change the original 

requirements of the final rule. As a 

typographical 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 

VI. in the Federal Register of August 18, 

2010 (75 FR 50914) (FRL–8836–2). 

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: October 28, 2010. 

Lois Rossi, 

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 and 371. 

■ 2. In § 180.639, in the table to 

paragraph (a)(1), revise the entries for 

corn, field, grain; corn, field, stover; 

corn, sweet, stover; and cotton gin 

byproducts, to read as follows: 

§ 180.639 Flubendiamide; tolerances for 

residues. 

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

Commodity Parts per 

million 

* * * * * 

Corn, field, grain ......................... 0 .03 

Corn, field, stover ....................... 15 

Corn, sweet, stover ..................... 25 

* * * * * 

Cotton gin byproducts ................ 60 

mstockstill on DSKH9S0YB1PROD with RULES

Federal Register / Vol. 75, No. 214 / Friday, November 5, 2010 / Rules and Regulations 68215 

Commodity Parts per 

million 

* * * * * 

[FR Doc. 2010–27998 Filed 11–4–10; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 450 

[EPA–HQ–OW–2010–0884; FRL–9222–2] 

Direct Final Rule Staying Numeric 

Limitation for the Construction and 

Development Point Source Category 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA is taking direct final 

action to stay the numeric effluent 

limitation of 280 NTU and associated 

monitoring requirements for the 

Construction and Development Point 

Source Category. This action is 

necessary so that EPA can reconsider 

the record basis for calculating the 

numeric effluent limitation. EPA 

expects to move expeditiously with its 

reconsideration, and will remove the 

stay when such reconsideration is 

completed. 

DATES: This rule is effective on January 

4, 2011 without further notice, unless 

EPA receives adverse comment by 

December 6, 2010 for 40 CFR 450.22(a) 

and (b), which are stayed indefinitely. If 

EPA receives adverse comment, we will 

publish a timely withdrawal in the 

Federal Register informing the public 

that the rule will not take effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–HQ– 

OW–2010–0884, by one of the following 

methods: 

• http://www.regulations.gov: This is 

EPA’s preferred approach, although you 

may use the alternatives presented 

below. Follow the on-line instructions 

for submitting comments. 

• E-mail: OW-Docket@epa.gov. 

• Mail: USEPA Docket Center, 

Environmental Protection Agency, 

Docket Number EPA–HQ–OW–2010– 

0884, Mailcode 2822T, 1200 

Pennsylvania Ave., NW., Washington, 

DC 20460. 

• Hand Delivery: USEPA Docket 

Center, Public Reading Room, 1301 

Constitution Ave., NW., Room 3334, 

EPA West Building, Washington, DC 

20004. Such deliveries are only 

accepted during the Docket’s normal 

hours of operation, and special 

arrangements should be made for 

deliveries of boxed information. 

Instructions: Direct your comments to 

Docket ID No. EPA–HQ–OW–2010– 

0884. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at http:// 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through http:// 

www.regulations.gov or e-mail. The 

http://www.regulations.gov Web site is 

an ‘‘anonymous access’’ system, which 

means EPA will not know your identity 

or contact information unless you 

provide it in the body of your comment. 

If you send an e-mail comment directly 

to EPA without going through http:// 

www.regulations.gov, your e-mail 

address will be automatically captured 

and included as part of the comment 

that is placed in the public docket and 

made available on the Internet. If you 

submit an electronic comment, EPA 

recommends that you include your 

name and other contact information in 

the body of your comment and with any 

disk or CD–ROM you submit. If EPA 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, EPA may not be 

able to consider your comment. 

Electronic files should avoid the use of 

special characters, any form of 

encryption, and be free of any defects or 

viruses. For additional information 

about EPA’s public docket visit the EPA 

Docket Center homepage at http:// 

www.epa.gov/epahome/dockets.htm. 

Docket: All documents in the docket 

are listed in the http:// 

www.regulations.gov index. Although 

listed in the index, some information is 

not publicly available, e.g., CBI or other 

information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

will be publicly available only in hard 

copy. Publicly available docket 

materials are available either 

electronically in http:// 

www.regulations.gov or in hard copy at 

the USEPA Docket Center, Public 

Reading Room, Room 3334, EPA West 

Building, 1301 Constitution Ave., NW., 

Washington, DC. 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 EPA Docket Center is 

(202) 566–2426. 

FOR FURTHER INFORMATION CONTACT: 

Janet Goodwin, USEPA Office of Water, 

by phone at (202) 566–1060 or by e-mail 

at goodwin.janet@epa.gov. 

SUPPLEMENTARY INFORMATION: 

A. Does this action apply to me? 

Regulated Entities 

Entities potentially regulated by this 

action include: 

Category Examples of regulated entities 

North American 

industry 

classification 

system (NAICS) 

code 

Industry .................................................... Construction activities required to obtain NPDES permit coverage and performing the following activities: Construction of buildings, including building, 

developing and general contracting.

236 

Heavy and civil engineering construction, including land subdivision .................... 237 

EPA does not intend the preceding 

table to be exhaustive, but provides it as 

a guide for readers regarding entities 

likely to be regulated by this action. 

This table lists the types of entities that 

EPA is now aware could potentially be 

regulated by this action. Other types of 

entities not listed in the table could also 

be regulated. To determine whether 

your facility is regulated by this action, 

you should carefully examine the 

applicability criteria in 40 CFR 450.10 

(74 FR 62995) and the definition of 

‘‘storm water discharges associated with 

industrial activity’’ and ‘‘storm water 

discharges associated with small 

construction activity’’ in existing EPA 

regulations at 40 CFR 122.26(b)(14)(x) 

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