Federal Register / Vol. 74, No. 61 / Wednesday, April 1, 2009 / Rules and Regulations 14743 

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: March 19, 2009. 

Lois Rossi, 

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), 346a and 371. 

■ 2. Section 180.588 is amended in 

paragraph (a), by removing the 

commodities ‘‘Cherry, sweet’’ and 

‘‘Cherry, tart’’; and by alphabetically 

adding the following commodities to the 

table; and in paragraph (b), by removing 

all of the commodities and reserving the 

paragraph designation and heading to 

read as follows: 

§ 180.588 Quinoxyfen; tolerances for 

residues. 

(a) * * * 

Commodity Parts per million 

Artichoke, globe .............. 1.4 

Fruit, stone, group 12 ..... 0.70 

*****

Gourd, edible .................. 0.20 

*****

Pumpkin .......................... 0.20 

Squash, winter ................ 0.20 

*****

(b) Section 18 emergency exemptions. 

[Reserved] 

* * * * * 

[FR Doc. E9–7046 Filed 3–31–09; 8:45 am] 

BILLING CODE 6560–50–S 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2007–0097; FRL–8407–2] 

Captan, 2,4-D, Dodine, DCPA, 

Endothall, Fomesafen, Propyzamide, 

Ethofumesate, Permethrin, Dimethipin, 

and Fenarimol; Technical Amendment 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule; technical 

amendment. 

SUMMARY: EPA issued a final rule in the 

Federal Register of September 12, 2007, 

revoking, revising, and establishing 

certain tolerances. This document is 

being issued to correct a terminology 

omission associated with DCPA and 

onions. 

DATES: This final rule is effective April 

1, 2009. 

ADDRESSES: EPA has established a 

docket for this action under docket 

identification (ID) number EPA–HQ– 

OPP–2007–0097. 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: Jane 

Smith, Special Review and 

Reregistration Division (7508P), Office 

of Pesticide Programs, Environmental 

Protection Agency, 1200 Pennsylvania 

Ave., NW., Washington, DC 20460– 

0001; telephone number: (703) 308– 

0048; e-mail address: smith.janescott@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 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 Technical 

Amendment Do? 

EPA issued a notice of proposed 

rulemaking in the Federal Register of 

June 6, 2007 (72 FR 31221) (FRL–8122– 

7), that proposed to revoke, revise, and 

establish certain tolerances for captan, 

2,4-D, dodine, DCPA, endothall, 

fomesafen, propyzamide, ethofumesate, 

permethrin, dimethipin, and fenarimol. 

On page 31228, third column, first full 

paragraph, the Agency stated the 

following: 

. . . EPA is proposing to revise commodity 

terminology and tolerances to conform to 

current Agency practice in 40 CFR 180.185(a) 

for the combined residues of the herbicide 

DCPA and its metabolites MTP and TCP 

(calculated as DCPA) in or on melon, honey 

dew to muskmelon; and onion to onion, bulb 

. . . . 

The June 6, 2007 Federal Register 

publication was intended only to update 

commodity terminology, and not to 

revoke or revise the scope of existing 

tolerances. The existing tolerance for 

‘‘onion’’ covered both ‘‘onion, bulb’’ and 

‘‘onion, green’’ as defined under current 

commodity terminology. The reference 

to ‘‘onion, green’’ was inadvertently 

omitted from both the June 6, 2007 

proposed rule and the final rule 

published on September 12, 2007 (72 FR 

52013) (FRL–8142–2). Use on both 

‘‘onion, bulb’’ and ‘‘onion, green’’ 

continues to be permitted according to 

labels of currently registered DCPA 

products, and the required safety 

findings for the residues permitted 

under the tolerance were made taking 

into account both types of onions. 

Therefore, 40 CFR 180.185(a) is 

amended by establishing a tolerance for 

DCPA in/on onion, green at 1.0 ppm to 

effectuate EPA’s original intention in 

the proposed and final rules changing 

terminology only. 

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)(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 

amendment final without prior proposal 

and opportunity for comment, because 

this action merely corrects a drafting 

error in the rulemaking that was 

14744 Federal Register / Vol. 74, No. 61 / Wednesday, April 1, 2009 / Rules and Regulations 

contrary to the intention of the changes 

as discussed in the proposed rule. 

Notice and comment are unnecessary to 

correct an erroneous deletion of a 

tolerance that was neither intended nor 

discussed in rulemaking. 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 discussion in Unit IV. of the 

September 12, 2007 final rule also 

applies to this action. 

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: March 18, 2009. 

Debra Edwards, 

Director, 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 180.185, is amended by 

alphabetically adding the following 

commodity to the table in paragraph (a) 

to read as follows: 

§ 180.185 DCPA; tolerances for residues. 

(a) General. * * * 

Commodity Parts per million 

* * * * * 

Onion, green 1.0 

* * * * * 

* * * * * 

[FR Doc. E9–7040 Filed 3–31–09; 8:45 am] 

BILLING CODE 6560–50–S 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2008–0327; FRL– 8403–9] 

Prothioconazole; Pesticide Tolerance 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: This regulation increases a 

tolerance for combined residues of 

prothioconzole and prothioconazoledesthio, calculated as parent in or on, 

wheat, forage. Bayer CropScience 

requested this tolerance under the 

Federal Food, Drug, and Cosmetic Act 

(FFDCA). 

DATES: This regulation is effective April 

1, 2009. Objections and requests for 

hearings must be received on or before 

June 1, 2009 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–2008–0327. 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: 

Bryant Crowe, Registration Division 

(7505P), Office of Pesticide Programs, 

Environmental Protection Agency, 1200 

Pennsylvania Ave., NW., Washington, 

DC 20460–0001; telephone number: 

(703) 305–0025; e-mail address: 

crowe.bryant@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 Access Electronic Copies 

of this Document? 

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. You may 

also access a frequently updated 

electronic version of EPA’s tolerance 

regulations at 40 CFR part 180 through 

the Government Printing Office’s e-CFR 

cite at http://www.gpoaccess.gov/ecfr. 

C. Can I File an Objection or Hearing 

Request? 

Under section 408(g) of FFDCA, 21 

U.S.C. 346a, any person may file an 

objection to any aspect of this regulation 

and may also request a hearing on those 

objections. You must file your objection 

or request a hearing on this regulation 

in accordance with the instructions 

provided in 40 CFR part 178. To ensure 

proper receipt by EPA, you must 

identify docket ID number EPA–HQ– 

OPP–2008–0327 in the subject line on 

the first page of your submission. All 

requests must be in writing, and must be 

mailed or delivered to the Hearing Clerk 

as required by 40 CFR part 178 on or 

before June 1, 2009. 

In addition to filing an objection or 

hearing request with the Hearing Clerk 

as described in 40 CFR part 178, please