6576 Federal Register / Vol. 75, No. 27 / Wednesday, February 10, 2010 / Rules and Regulations 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2008–0923; FRL–8809–4] 

Exemption from the Requirement of a 

Tolerance; Technical Amendment 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule; technical 

amendmemt. 

SUMMARY: EPA issued a final rule in the 

Federal Register of June 3, 2009, 

concerning minor technical revisions of 

certain commodity terms listed under 

40 CFR part 180, subpart D. The fungal 

active ingredient Aspergillus flavus 

NRRL 21882 was inadvertently revised. 

This document is being issued to amend 

the section to include text that was 

omitted. 

DATES: This final rule is effective 

February 10, 2010. 

ADDRESSES: EPA has established a 

docket for this action under docket 

identification (ID) number EPA–HQ– 

OPP–2008-0923. 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: For 

40 CFR 180.1254 only contact: Shanaz 

Bacchus, Biopesticides and Pollution 

Prevention Division (7511P), Office of 

Pesticide Programs, Environmental 

Protection Agency, 1200 Pennsylvania 

Ave., NW., Washington DC 20460–0001; 

telephone number: (703) 308–8097; fax 

number: (703) 308–7026; e-mail address: 

bacchus.shanaz@epa.gov. 

For other matters regarding EPA–HQ– 

OPP–2008–0923: Stephen Morrill, 

Biopesticides and Pollution Prevention 

Division (7511P), Office of Pesticide 

Programs, Environmental Protection 

Agency, 1200 Pennsylvania Ave., NW., 

Washington DC 20460–0001; telephone 

number: (703) 308–8319; fax number: 

(703) 308–7026; e-mail address: 

morrill.stephen@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 

Amendment Do? 

This technical amendment revises 

§ 180.1254 to reinstate text that was 

inadvertently omitted in a final rule that 

was published in the Federal Register of 

June 3, 2009 (74 FR 26527) (FRL–8417– 

9). The June 3, 2009 final rule revised 

§ 180.1254, however; the revision 

omitted text which which had been 

added as paragraph (b) in a final rule 

published in the Federal Register on 

October 1, 2008 (73 FR 56995). 

III. Why is this Technical Amendment 

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 

omission was the result of clerical error 

and was neither proposed nor 

commented upon. Notice and comment 

is therefore unnecessary. 

IV. Do Any of the Statutory and 

Executive Order Reviews Apply to this 

Action? 

No. This action only corrects the 

omission for a previously published 

final rule and does not impose any new 

requirements. EPA’s compliance with 

the statutes and Executive orders for the 

underlying rule is discussed in Unit III. 

of the final rule published on June 3, 

2009 (74 FR 26527). 

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: January 21, 2010. 

Keith A. Matthews, 

Acting Director, Biopesticides and Pollution 

Prevention Division, Office of Pesticide 

Programs. 

■ Therefore, 40 CFR part 180 is 

amended as follows: 

PART 180—[AMENDED] 

■ 1. The authority citation for part 180 

continues to read as follows: 

Authority: 321(q), 346a and 371. 

■ 2. Section 180.1254 is revised to read 

as follows: 

§ 180.1254 Aspergillus flavus NRRL 21882; 

exemption from the requirement of a 

tolerance. 

(a) An exemption from the 

requirement of a tolerance is established 

for residues of Aspergillus flavus NRRL 

21882 on peanut; peanut, hay; peanut, 

meal; and peanut, refined oil. 

(b) An exemption from the 

requirement of a tolerance is established 

for residues of Aspergillus flavus NRRL 

21882 on corn, field, forage; corn, field, 

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

aspirated grain fractions; corn, sweet, 

kernel plus cob with husk removed; 

corn, sweet, forage; corn, sweet, stover; 

corn, pop, grain; and corn, pop, stover. 

[FR Doc. 2010–2655 Filed 2–9–10; 8:45 am] 

BILLING CODE 6560–50–S 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2009–0289; FRL–8809–9] 

Acetamiprid; Pesticide Tolerances 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: This regulation establishes 

tolerances for residues of acetamiprid in 


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