69456 Federal Register / Vol. 70, No. 220 / Wednesday, November 16, 2005 / Rules and Regulations 

the 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. This rule does not impose an 

information collection burden under the 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3501 et seq.). 

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 to the Comptroller General 

of the United States. Section 808 allows 

the issuing agency to make a rule 

effective sooner than otherwise 

provided by the CRA if the agency 

makes a good cause finding that notice 

and public procedure is impracticable, 

unnecessary or contrary to the public 

interest. This determination must be 

supported by a brief statement. 5 U.S.C. 

808(2). As stated previously, EPA had 

made such a good cause finding, 

including the reasons therefore, and 

established an effective date of 

November 16, 2005. 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 correction to 

the rule Summary (VA139–5073a) for 

Virginia is not a ‘‘major rule’’ as defined 

by 5 U.S.C. 804(2). 

List of Subjects in 40 CFR Part 62 

Environmental protection, 

Administrative practice and procedure, 

Air pollution control, Aluminum, 

Fertilizers, Fluoride, Intergovernmental 

relations, Paper and paper products 

industry, Phosphate, Reporting and 

recordkeeping requirements, Sulfur 

oxides, Sulfur acid plants, Waste 

treatment and disposal. 

Dated: November 8, 2005. 

Donald S. Welsh, 

Regional Administrator, EPA Region III. 

[FR Doc. 05–22701 Filed 11–15–05; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[OPP–2004–0326; FRL–7741–7] 

S-metolachlor; Pesticide Tolerance 

Technical Correction 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule; technical correction. 

SUMMARY: EPA issued a final rule in the 

Federal Register of August 31, 2005 

concerning regulations establishing 

tolerances for combined residues (free 

and bound) of S-metolachlor in or on 

certain commodities as set forth in Unit 

II. of the SUPPLEMENTARY INFORMATION of 

that document. This document is being 

issued to correct errors in the 

amendatory language and amendments. 

DATES: This final rule is effective on 

August 31, 2005. 

ADDRESSES: Follow the detailed 

instructions as provided under 

ADDRESSES in the Federal Register final 

rule of August 31, 2005. 

FOR FURTHER INFORMATION CONTACT: 

Sidney Jackson, Registration Division 

(7505C), Office of Pesticide Programs, 

Environmental Protection Agency, 1200 

Pennsylvania Ave., NW., Washington, 

DC 20460–0001; telephone number: 

(703) 305–7610; e-mail address: 

jackson.sidney@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

Please refer to the final rule that 

published on August 31, 2005 for 

general information about potentially 

affected entities and accessing this 

document electronically. 

II. What Does This Correction Do? 

EPA published in the Federal 

Register of August 31, 2005 (70 FR 

51628) (FRL–7716–1) regulations 

establishing tolerances for combined 

residues of S-metoclachlor in or on 

certain commodities as set forth in Unit 

II of the SUPPLEMENTARY INFORMATION of 

that document. Portions of the 

regulatory amendments and the 

regulatory text were set out incorrectly. 

This document is being published to 

correct those errors. 

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 the 

use of notice and comment procedures 

are unnecessary to effectuate this 

correction. As such, 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? 

No. This action only corrects errors in 

the amendatory language 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 VII. of the August 

31, 2005, final rule (70 FR 51628). 

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, which includes a 

copy of the rule, 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, Agricultural 

commodities, Pesticides and pests, 

Reporting and recordkeeping 

requirements. 

Dated: October 28, 2005. 

Lois Rossi, 

Director, Registration Division, Office of 

Pesticide Programs. 

PART 180—[AMENDED] 

■ Therefore, 40 CFR part 180 is 

corrected as follows: 

■ 1. The authority citation for part 180 

continues to read as follows: 

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

§ 180.368 [Corrected] 

■ 2. On page 51637, in the second 

column, in the amendments to 

§ 180.368, amendatory instruction 2. iii. 

should read: By designating the existing 

Federal Register / Vol. 70, No. 220 / Wednesday, November 16, 2005 / Rules and Regulations 69457 

text as (c)(1) and adding paragraph 

(c)(2). 

§ 180.368 [Corrected] 

■ 3. On pages 51637 and 51638, in the 

third and first columns respectively, in 

the table to § 180.368 (a)(3), remove the 

stars wherever they appear. 

[FR Doc. 05–22609 Filed 11–15–05; 8:45 am] 

BILLING CODE 6560–50–S 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[OPP–2005–0270; FRL–7740–1] 

Sulfosulfuron; Pesticide Tolerances for 

Emergency Exemptions 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: This regulation establishes 

time-limited tolerances for combined 

residues of sulfosulfuron and its 

metabolites in or on Bahiagrass, forage; 

Bahiagrass, hay; Bermudagrass, forage; 

Bermudagrass, hay; milk; fat (of cattle, 

goat, horse and sheep); meat (of cattle, 

goat, horse and sheep); and meat 

byproducts (of cattle, goat, horse and 

sheep). This action is in response to 

EPA’s granting of emergency 

exemptions under section 18 of the 

Federal Insecticide, Fungicide, and 

Rodenticide Act (FIFRA) authorizing 

use of the pesticide on Bahiagrass and 

Bermudagrass pastures and hayfields. 

This regulation establishes maximum 

permissible levels for residues of 

sulfosulfuron in these food 

commodities. The tolerances will expire 

and are revoked on December 31, 2009. 

DATES: This regulation is effective 

November 16, 2005. Objections and 

requests for hearings must be received 

on or before January 17, 2006. 

ADDRESSES: To submit a written 

objection or hearing request follow the 

detailed instructions as provided in 

Unit VII. of the SUPPLEMENTARY

INFORMATION. EPA has established a 

docket for this action under Docket 

identification (ID) number OPP–2005–

0270. All documents in the docket are 

listed in the EDOCKET index at http:// 

www.epa.gov/edocket. Although listed 

in the index, some information is not 

publicly available, i.e., 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 either 

electronically in EDOCKET or in hard 

copy at the Public Information and 

Records Integrity Branch (PIRIB), Rm. 

119, Crystal Mall #2, 1801 S. Bell St., 

Arlington, VA. This docket facility is 

open from 8:30 a.m. to 4 p.m., Monday 

through Friday, excluding legal 

holidays. The docket telephone number 

is (703) 305–5805. 

FOR FURTHER INFORMATION CONTACT: 

Libby Pemberton, Registration Division 

(7505C), Office of Pesticide Programs, 

Environmental Protection Agency, 1200 

Pennsylvania Ave., NW., Washington, 

DC 20460–0001; telephone number: 

(703) 308–9364; e-mail address: 

pemberton.libby@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: 

• 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 provides 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 and Other Related 

Information? 

In addition to using EDOCKET (http:// 

www.epa.gov/edocket/), you may access 

this Federal Register document 

electronically through the EPA Internet 

under the ‘‘Federal Register’’ listings at 

http://www.epa.gov/fedrgstr/. A 

frequently updated electronic version of 

40 CFR part 180 is available on E-CFR 

Beta Site Two at http:// 

www.gpoaccess.gov/ecfr/. 

II. Background and Statutory Findings 

EPA, on its own initiative, in 

accordance with sections 408(e) and 408 

(l)(6) of the Federal Food, Drug, and 

Cosmetic Act (FFDCA), 21 U.S.C. 346a, 

is establishing a tolerance for combined 

residues of the herbicide sulfosulfuron, 

[1-(4,6-dimethoxypyrimidin-2yl)-3-[(2- 

ethanesulfonyl-imidazo[1,2-a]pyridine3-yl)sulfonyl]urea and metabolites 

converted to 2-(ethylsulfonyl)- 

imidazo[1,2-a]pyridine (calculated as 

sulfosulfuron), in or on Bahiagrass, 

forage at 11 parts per million (ppm); 

Bahiagrass, hay at 40 ppm; 

Bermudagrass, forage at 11 ppm; 

Bermudagrass, hay at 40 ppm; milk at 

0.02 ppm; fat (of cattle, goat, horse and 

sheep) at 0.04 ppm; meat (of cattle, goat, 

horse and sheep) at 0.02 ppm; and meat 

byproducts (cattle, goat, horse and 

sheep) at 0.50 ppm. These tolerances 

will expire and are revoked on 

December 31, 2009. EPA will publish a 

document in the Federal Register to 

remove the revoked tolerances from the 

Code of Federal Regulations. 

Section 408(l)(6) of the FFDCA 

requires EPA to establish a time-limited 

tolerance or exemption from the 

requirement for a tolerance for pesticide 

chemical residues in food that will 

result from the use of a pesticide under 

an emergency exemption granted by 

EPA under section 18 of FIFRA. Such 

tolerances can be established without 

providing notice or period for public 

comment. EPA does not intend for its 

actions on section 18 related tolerances 

to set binding precedents for the 

application of section 408 of the FFDCA 

and the new safety standard to other 

tolerances and exemptions. Section 

408(e) of the FFDCA allows EPA to 

establish a tolerance or an exemption 

from the requirement of a tolerance on 

its own initiative, i.e., without having 

received any petition from an outside 

party. 

Section 408(b)(2)(A)(i) of the FFDCA 

allows EPA to establish a tolerance (the 

legal limit for a pesticide chemical 

residue in or on a food) only if EPA 

determines that the tolerance is ‘‘safe.’’

Section 408(b)(2)(A)(ii) of the FFDCA 

defines ‘‘safe’’ to mean that ‘‘there is a 

reasonable certainty that no harm will 

result from aggregate exposure to the 

pesticide chemical residue, including 

all anticipated dietary exposures and all 

other exposures for which there is 

reliable information.’’ This includes 

exposure through drinking water and in 

residential settings, but does not include 

occupational exposure. Section 

408(b)(2)(C) of the FFDCA requires EPA 

to give special consideration to 

exposure of infants and children to the 

pesticide chemical residue in 

establishing a tolerance and to ‘‘ensure 

that there is a reasonable certainty that 

no harm will result to infants and