33198 Federal Register / Vol. 66, No. 120 / Thursday, June 21, 2001 / Rules and Regulations

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: May 31, 2001.

Kathleen Knox,

Acting Director, Biopesticides and Pollution

Prevention 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), 346(a) and

371.

2. Sections 180.1187 and 180.1188 are

revised to read as follows:

§ 180.1187 L-glutamic acid; exemption

from the requirement of a tolerance.

L-glutamic acid is exempt from the

requirement of a tolerance on all food

commodities when used in accordance

with good agricultural practices.

§ 180.1188 Gamma aminobutyric acid;

exemption from the requirement of a

tolerance.

Gamma aminobutyric acid is exempt

from the requirement of a tolerance on

all food commodities when used in

accordance with good agricultural

practices.

[FR Doc. 01–15615 Filed 6–20–01; 8:45 am]

BILLING CODE 6560–50–S

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 180

[OPP–301013A; FRL–6786–5]

Pyridaben; Pesticide Tolerance

Technical Correction

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule; technical correction.

SUMMARY: EPA published a final rule in

the Federal Register of July 14, 2000,

that amended and established tolerances

for pyridaben. The regulatory text of the

document incorrectly amended the table

in § 180.494(a) by adding an entry

‘‘citrus, crop group’’ at a tolerance level

of 0.05 parts per million (ppm). The

entry should have read ‘‘citrus’’ at a

tolerance level of 0.5 ppm. This

document corrects the error.

DATES: This technical correction is

effective June 21, 2001.

FOR FURTHER INFORMATION CONTACT:

Melody Banks, Registration Division

(7505C), Office of Pesticide Programs,

Environmental Protection Agency, 1200

Pennsylvania Ave., NW., Washington,

DC 20460; telephone number: (703)

305–5413; e-mail address:

banks.melody@epa.gov.

SUPPLEMENTARY INFORMATION:

I. Does this Action Apply to Me?

You may be affected by this action if

you are an agricultural producer, food

manufacturer or pesticide manufacturer.

Potentially affected categories and

entities may include, but are not limited

to:

Categories NAICS

codes

Examples of potentially affected entities

Industry 111 Crop production

112 Animal production

311 Food manufacturing

32532 Pesticide manufacturing

This listing is not intended to be

exhaustive, but rather provides a guide

for readers regarding entities likely to be

affected by this action. Other types of

entities not listed in the table could also

be affected. The North American

Industrial Classification System

(NAICS) codes have been provided to

assist you and others in determining

whether or not this action might apply

to certain entities. If you have questions

regarding the applicability of this action

to a particular entity, consult the person

listed under FOR FURTHER INFORMATION

CONTACT.

II. How Can I Get Additional

Information, Including Copies of this

Document and Other Related

Documents?

1. Electronically. You may obtain

electronic copies of this document, and

certain other related documents that

might be available electronically, from

the EPA Internet Home Page at http://

www.epa.gov/. To access this

document, on the Home Page select

‘‘Laws and Regulations,’’ ‘‘Regulations

and Proposed Rules,’’ and then look up

the entry for this document under the

‘‘Federal Register—Environmental

Documents.’’ You can also go directly to

the Federal Register listings at http://

www.epa.gov/fedrgstr/. A frequently

updated electronicversion of 40 CFR

part 180 is available at http://

www.access.gpo.gov/nara/cfr/cfr_00/

Title_40/40cfr180_00. a beta site

currently under development.

2. In person. The Agency has

established an official record for this

action under docket control number

OPP–301013. The official record

consists of the documents specifically

referenced in this action, any public

comments received during an applicable

comment period, and other information

related to this action, including any

information claimed as Confidential

Business Information (CBI). This official

record includes the documents that are

physically located in the docket, as well

as the documents that are referenced in

those documents. The public version of

the official record does not include any

information claimed as CBI. The public

version of the official record, which

includes printed, paper versions of any

electronic comments submitted during

an applicable comment period, is

available for inspection in the Public

Information and Records Integrity

Branch (PIRIB), Rm. 119, Crystal Mall

#2, 1921 Jefferson Davis Hwy.,

Arlington, VA, from 8:30 a.m. to 4 p.m.,

Monday through Friday, excluding legal

holidays. The PIRIB telephone number

is (703) 305–5805.

III. What Does this Technical

Correction Do?

Tolerances for pyridaben on various

commodities were published in the

Federal Register of July 14, 2000 (65 FR

43704) (FRL–6593–1). In that document,

the regulatory text incorrectly amended

§ 180.494(a) by adding an entry ‘‘citrus,

crop group’’ at a tolerance level of 0.05

ppm. The entry should have read

‘‘citrus’’ at a tolerance level of 0.5 ppm.

This technical correction re-establishes

the tolerance for ‘‘citrus’’ at 0.5 ppm and

removes the entry for ‘‘citrus, crop

group’’ under the table in § 180.494(a).

The preamble of the final rule clearly

stated that the tolerance level for citrus

was to remain the same. (See Unit II. of

the final rule.)

IV. Why is this Technical 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 rule

without providing notice and an

opportunity for public comment. EPA

has determined that there is good cause

for making this rule final without prior

proposal and opportunity for comment,

because EPA is merely re-establishing

the tolerance level for pyridaben on

Federal Register / Vol. 66, No. 120 / Thursday, June 21, 2001 / Rules and Regulations 33199

‘‘citrus’’ that was inadvertently deleted

and removing the tolerance for ‘‘citrus,

crop group’’ that was inadvertently

added in the Federal Register of July 14,

2000. EPA finds that this constitutes

good cause under 5 U.S.C. 553(b)(B).

V. Regulatory Assessment

Requirements

This final rule implements a technical

correction to the CFR, and it does not

otherwise impose or amend any

requirements. As such, the Office of

Management and Budget (OMB) has

determined that a technical correction is

not a ‘‘significant regulatory action’’

subject to review by OMB under

Executive Order 12866, entitled

Regulatory Planning and Review (58 FR

51735, October 4, 1993). Nor does this

final rule contain any information

collection requirements that require

review and approval by OMB pursuant

to the Paperwork Reduction Act of 1995

(PRA) (44 U.S.C. 3501 et seq.).

Because this action is not

economically significant as defined by

section 3(f) of Executive Order 12866,

this action is not subject to Executive

Order 13045, entitled Protection of

Children from Environmental Health

Risks and Safety Risks (62 FR 19885,

April 23, 1997). This action will not

result in environmental justice related

issues and does not, therefore, require

special consideration under Executive

Order 12898, entitled Federal Actions to

Address Environmental Justice in

Minority Populations and Low-Income

Populations (59 FR 7629, February 16,

1994).

Since the Agency has made a ‘‘good

cause’’ finding that this action is not

subject to notice-and-comment

requirements under the APA or any

other statute (see Unit IV.), this action

is not subject to provisions of the

Regulatory Flexibility Act (RFA) (5

U.S.C. 601 et seq.), or to sections 202

and 205 of the Unfunded Mandates

Reform Act of 1995 (UMRA) (Public

Law 104–4). In addition, this action

does not significantly or uniquely affect

small governments or impose a

significant intergovernmental mandate,

as described in sections 203 and 204 of

UMRA.

This final rule will not have

substantial direct effects on the States or

on one or more Indian tribes, on the

relationship between the national

government and the States or one or

more Indian tribes, or on the

distribution of power and

responsibilities among the various

levels of government or between the

Federal government and Indian tribes.

As such, this action does not have any

‘‘tribal implications’’ as described in

Executive Order 13175, entitled

Consultation and Coordination with

Indian Tribal Governments (65 FR

67249, November 6, 2000), or any

‘‘federalism implications’’ as described

in Executive Order 13132, entitled

Federalism (64 FR 43255, August 10,

1999).

This action does not involve any

technical standards that require the

Agency’s consideration of voluntary

consensus standards pursuant to section

12(d) of the National Technology

Transfer and Advancement Act of 1995

(NTTAA), Public Law 104–113, section

12(d) (15 U.S.C. 272 note).

In issuing this final rule, EPA has

taken the necessary steps to eliminate

drafting errors and ambiguity, minimize

potential litigation, and provide a clear

legal standard for affected conduct, as

required by section 3 of Executive Order

12988, entitled Civil Justice Reform (61

FR 4729, February 7, 1996).

EPA has complied with Executive

Order 12630, entitled Governmental

Actions and Interference with

Constitutionally Protected Property

Rights (53 FR 8859, March 15, 1988), by

examining the takings implications of

this rule in accordance with the

‘‘Attorney General’s Supplemental

Guidelines for the Evaluation of Risk

and Avoidance of Unanticipated

Takings’’ issued under the Executive

Order.

For information about the

applicability of the regulatory

assessment requirements to the final

rule that was issued on July 14, 2000 (64

FR 43704), please refer to the discussion

in Unit VIII. of that document.

IV. 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 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 the rule in

the Federal Register. This 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: June 11, 2001.

Peter Caulkins,

Acting 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), 346(a) and

371.

2. Section 180.494 is amended by

deleting the entry for ‘‘citrus, crop

group’’ and adding an entry for ‘‘citrus’’

to the table in paragraph (a) to read as

follows:

§ 180.494 Pyridaben; tolerances for

residues.

(a) * * *

Commodity Parts per million Revocation/expiration

date

Citrus .................................................................................................................................................. 0.5 None

33200 Federal Register / Vol. 66, No. 120 / Thursday, June 21, 2001 / Rules and Regulations

* * * * *

[FR Doc. 01–15618 Filed 6–20–01; 8:45 am]

BILLING CODE 6560–50–S

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 300

[FRL–6999–9]

National Oil and Hazardous Substance

Pollution Contingency Plan; National

Priorities List

AGENCY: Environmental Protection

Agency.

ACTION: Direct final notice of deletion of

the Tomah Fairgrounds Landfill,

Superfund Site from the National

Priorities List.

SUMMARY: The Environmental Protection

Agency (EPA) Region V is publishing a

direct final notice of deletion of the

Tomah Fairgrounds Landfill, Superfund

Site (Site), located in Tomah,

Wisconsin, from the National Priorities

List (NPL).

The NPL, promulgated pursuant to

section 105 of the Comprehensive

Environmental Response,

Compensation, and Liability Act

(CERCLA) of 1980, as amended, is

appendix B of 40 CFR part 300, which

is the National Oil and Hazardous

Substances Pollution Contingency Plan

(NCP). This direct final deletion is being

published by EPA with the concurrence

of the State of Wisconsin, through the

Wisconsin Department of Natural

Resources because EPA has determined

that all appropriate response actions

under CERCLA have been completed

and, therefore, further remedial action

pursuant to CERCLA is not appropriate.

DATES: This direct final deletion will be

effective August 20, 2001 unless EPA

receives adverse comments by July 23,

2001. If adverse comments are received,

EPA will publish a timely withdrawal of

the direct final deletion in the Federal

Register informing the public that the

deletion will not take effect.

ADDRESSES: Comments may be mailed

to: David Linnear, Remedial Project

Manager (RPM) at (312) 886–6104,

Linnear.David@EPA.Gov or Gladys

Beard, State NPL Deletion Process

Manager at (312) 886–7253,

Beard.Gladys@EPA.Gov, (mail code:

SR–6J), U.S. EPA Region V, 77 W.

Jackson, Chicago, IL 60604 or at 1–800–

621–8431.

Information Repositories:

Comprehensive information about the

Site is available for viewing and copying

at the Site information repositories

located at: U.S. EPA Region V Library,

77 W. Jackson, Chicago, IL 60604, (312)

353–5821, Monday through Friday 8:00

a.m. to 4:00 p.m.; Tomah Public Library,

716 Superior Ave., Tomah, WI 54660,

Monday through Thursday 9:00 a.m. to

8:00 p.m. and Friday and Saturday 9:00

a.m to 5:00 p.m.; Wisconsin Department

of Natural Resources, 101 S. Webster

Street, Madison, Wisconsin, (608) 266–

2111, Monday through Friday 7:45 a.m.

to 5:00 p.m.

FOR FURTHER INFORMATION CONTACT:

David Linnear, Remedial Project

Manager at (312) 886–6104,

Linnear.David@EPA.Gov or Gladys

Beard, State NPL Deletion Process

Manager at (312) 886–7253,

Beard.Gladys@EPA.Gov or 1–800–621–

8431, (SR–6J), U.S. EPA Region V, 77 W.

Jackson, Chicago, IL 60604.

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Introduction

II. NPL Deletion Criteria

III. Deletion Procedures

IV. Basis for Site Deletion

V. Deletion Action

I. Introduction

EPA Region V is publishing this direct

final notice of deletion of the Tomah

Fairgrounds Landfill, Superfund Site

from the NPL.

The EPA identifies sites that appear to

present a significant risk to public

health or the environment and

maintains the NPL as the list of those

sites. As described in 300.425(e)(3) of

the National Oil and Hazardous

Substances Pollution Contingency Plan

(NCP), sites from the NPL remain

eligible for remedial actions if

conditions at a deleted site warrant such

action.

Because EPA considers this action to

be noncontroversial and routine, EPA is

taking it without prior publication of a

notice of intent to delete. This action

will be effective August 20, 2001 unless

EPA receives adverse comments by July

23, 2001 on this document. If adverse

comments are received within the 30-

day public comment period on this

document, EPA will publish a timely

withdrawal of this direct final deletion

before the effective date of the deletion

and the deletion will not take effect.

EPA will, as appropriate, prepare a

response to comments and continue

with the deletion process on the basis of

the notice of intent to delete and the

comments already received. There will

be no additional opportunity to

comment.

Section II of this document explains

the criteria for deleting sites from the

NPL. Section III discusses procedures

that EPA is using for this action. Section

IV discusses the Tomah Fairgrounds

Superfund Site and demonstrates how it

meets the deletion criteria. Section V

discusses EPA’s action to delete the Site

from the NPL unless adverse comments

are received during the public comment

period.

II. NPL Deletion Criteria

Section 300.425(e) of the NCP

provides that releases may be deleted

from the NPL where no further response

is appropriate. In making a

determination to delete a release from

the NPL, EPA shall consider, in

consultation with the State, whether any

of the following criteria have been met:

i. Responsible parties or other persons

have implemented all appropriate

response actions required;

ii. All appropriate Fund-financed

(Hazardous Substance Superfund

Response Trust Fund) response under

CERCLA has been implemented, and no

further response action by responsible

parties is appropriate; or

iii. The remedial investigation has

shown that the release poses no

significant threat to public health or the

environment and, therefore, the taking

of remedial measures is not appropriate.

Even if a site is deleted from the NPL,

where hazardous substances, pollutants,

or contaminants remain at the deleted

site above levels that allow for

unlimited use and unrestricted

exposure, CERCLA section 121(c), 42

U.S.C. 9621(c), requires that a

subsequent review of the site be

conducted at least every five years after

the initiation of the remedial action at

the deleted site to ensure that the action

remains protective of public health and

the environment. If new information

becomes available which indicates a

need for further action, EPA may initiate

remedial actions. Whenever there is a

significant release from a site deleted

from the NPL, the deleted site may be

restored to the NPL without application

of the hazard ranking system.

III. Deletion Procedures

The following procedures apply to

deletion of the Site:

(1) The EPA consulted with

Wisconsin on the deletion of the Site

from the NPL prior to developing this

direct final notice of deletion.

(2) Wisconsin concurred with

deletion of the Site from the NPL.

(3) Concurrently with the publication

of this direct final notice of deletion, a

notice of the availability of the parallel

notice of intent to delete published

today in the ‘‘Proposed Rules’’ section

of the Federal Register is being

published in a major local newspaper of

general circulation at or near the Site