[Federal Register Volume 75, Number 214 (Friday, November 5, 2010)]
[Rules and Regulations]
[Pages 68214-68215]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-27998]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2007-0099; FRL-8849-2]


Flubendiamide; Pesticide Tolerances; 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 August 18, 
2010, concerning the establishment, reassessment, modification and 
revoking of tolerances for residues of flubendiamide, in or on multiple 
food and livestock commodities. This document is being issued to 
correct typographical errors in the referenced rule, specifically, to 
revise incorrect tolerance values for the established tolerances for 
corn, field, grain; corn, field, stover; corn, sweet, stover; and 
cotton gin byproducts.

DATES: This final rule is effective November 5, 2010.

ADDRESSES: EPA has established a docket for this action under docket 
identification (ID) number EPA-HQ-OPP-2007-0099. 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: Carmen Rodia, Registration Division 
(7504P), Office of Pesticide Programs, Environmental Protection Agency, 
1200 Pennsylvania Avenue, NW., Washington, DC 20460-0001; telephone 
number: (703) 306-0327; fax number: (703) 308-0029; e-mail address: 
<a href="/cdn-cgi/l/email-protection#e89a878c8189c68b899a858d86a88d9889c68f879e"><span class="__cf_email__" data-cfemail="f1839e959890df9290839c949fb1948190df969e87">[email protected]</span></a>.

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 correction do?

    Currently, 40 CFR 180.639(a)(1) provides an incorrect tolerance 
value for the established tolerances for corn, field, grain (0.02 ppm); 
corn, field, stover (0.15 ppm); corn, sweet, stover (0.25 ppm); and 
cotton gin byproducts (0.60 ppm). As supported by submitted field trial 
and processing data, these tolerance values should be revised to 0.03 
ppm; 15 ppm; 25 ppm; and 60 ppm, respectively. Therefore, EPA is 
correcting the entries for corn, field, grain; corn, field, stover; 
corn, sweet, stover; and cotton gin byproducts in the table in Sec.  
180.369(a)(1).

III. Why is this correction 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 this final rule corrects a number of typographical errors and 
does not otherwise change the original requirements of the final rule. 
EPA finds that this constitutes good cause under 5 U.S.C. 553(b)(3)(B).

IV. Do any of the statutory and Executive Order reviews apply to this 
action?

    This final rule corrects a number of typographical errors and does 
not otherwise change the original requirements of the final rule. As a 
typographical correction, this action is not subject to the statutory 
and Executive Order review requirements. For information about the 
statutory and Executive Order review requirements as they related to 
the final rule, see Unit VI. in the Federal Register of August 18, 2010 
(75 FR 50914) (FRL-8836-2).

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: October 28, 2010.
Lois Rossi,
Director, Registration Division, Office of Pesticide Programs.

0
Therefore, 40 CFR part 180 is 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 Sec.  180.639, in the table to paragraph (a)(1), revise the 
entries for corn, field, grain; corn, field, stover; corn, sweet, 
stover; and cotton gin byproducts, to read as follows:


Sec.  180.639  Flubendiamide; tolerances for residues.

    (a) * * * (1) * * *

------------------------------------------------------------------------
                                                               Parts per
                          Commodity                             million
------------------------------------------------------------------------
 
                                * * * * *
Corn, field, grain..........................................      0.03
Corn, field, stover.........................................     15
Corn, sweet, stover.........................................     25
 
                                * * * * *
Cotton gin byproducts.......................................     60
 

[[Page 68215]]

 
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[FR Doc. 2010-27998 Filed 11-4-10; 8:45 am]
BILLING CODE 6560-50-P


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