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[Federal Register: April 21, 2010 (Volume 75, Number 76)]
[Rules and Regulations]               
[Page 20785-20786]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr21ap10-12]                         

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2008-0888; FRL-8436-3]

 
Polyglyceryl Phthalate Ester of Coconut Oil Fatty Acids; 
Exemption from the Requirement of a 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 July 8, 
2009, concerning polyglyceryl phthalate ester of coconut oil fatty 
acids; exemption from the requirement of a tolerance. This document is 
being issued to correct the inert ingredient name and CAS numbers.

DATES: This final rule is effective April 21, 2010.

ADDRESSES: EPA has established a docket for this action under docket 
identification (ID) number EPA-HQ-OPP-2008-0888. 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: Kerry Leifer , Registration Division 
(7205P), Office of Pesticide Programs, Environmental Protection Agency, 
1200 Pennsylvania Ave., NW., Washington DC 20460-0001; telephone 
number: (703) 308-8811; e-mail address: leifer,kerry@epa.gov.

SUPPLEMENTARY INFORMATION:

I. General Information

A. 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 the FOR FURTHER INFORMATION CONTACT.

B. How Can I Access Electronic Copies of this Document and Other 
Related Information?

    In addition to accessing electronically available documents at 
http://www.regulations.gov, you may access this Federal Register 
document electronically through the EPA Internet under the ``Federal 
Register'' listings at http://www.epa.gov/fedrgstr.

II. What Does this Correction Do?

    In the Federal Register of July 8, 2009, (74 FR 32456), EPA's 
Office of Pesticide Programs issued an exemption from the requirement 
of a tolerance for ``polyglyceryl phthalate ester of coconut oil fatty 
acids'' pursuant to a petition by the Joint Inserts Task Force, Cluster 
Support Team 23. The petition requested that an exemption from the 
requirement of a tolerance for residues of polyglyceryl phthalate ester 
of coconut oil fatty acids, including fatty acid coco polymers with 
glyceryl and phthalic anhydride (CAS No. 67746-02-5) and coconut oil 
polymer with glyceryl and phthalic anhydride (CAS No. 66070-87-9). This 
technical correction corrects the name of the inert ingredient and the 
CAS numbers.

III. Why is this 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 final rule without 
providing notice and an opportunity for public comment. EPA has 
determined that there is good cause for making today's technical 
correction final without prior proposal and opportunity for comment, 
because EPA is merely correcting language that was inadvertently 
mistyped in the previously published final rule. The correct inert 
ingredient names and CAS Numbers were present in the Supplementary 
Information Section of the July 8, 2009 final rule but were mistyped in 
the tolerance exemption table. EPA finds that this constitutes good 
cause under 5 U.S.C. 553(b)(B).

IV. Do Any of the Statutory and Executive Order Reviews Apply to this 
Action?

    The statutory and Executive order reviews were included in the July 
8, 2009 final rule.

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 9, 2010.
Lois Rossi,
Director, Registration Division, Office of Pesticide Programs.

0
Therefore, 40 CFR part 180 corrected as follows:

PART 180--[AMENDED]

0
1. The authority citation for part 180 continues to read as follows:

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

0
2. In the table to Sec.  180.910, the entry for ``Polyglyceryl 
phthalate ester of coconut oil fatty acids (CAS Reg. Nos. 67746-6070-
9)'' is revised to read as follows:

Sec.  180.910  Inert ingredients used pre- and post-harvest; exemptions 
from the requirement of a tolerance.

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[[Page 20786]]

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        Inert Ingredients               Limits               Uses
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                              * * * * * * *
Polyglyceryl phthalate ester of   None..............  Surfactants,
 coconut oil fatty acids,                              related adjuvants
 including fatty acid coco                             of surfactants
 polymers with glyceryl and
 phthalic anhydride (CAS No.
 67746-02-5) and coconut oil
 polymer with glyceryl and
 phthalic anhydride (CAS No.
 66070-87-9).
                              * * * * * * *
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[FR Doc. 2010-9194 Filed 4-20-10; 8:45 am]
BILLING CODE 6560-50-S
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