Sulfuryl fluoride. June 16, 2004. Pesticide tolerance; technical correction. Federal Register.

FLUORIDE ACTION NETWORK PESTICIDE PROJECT

Sulfuryl Fluoride. June 16, 2004. Pesticide Tolerance; Technical Correction. Federal Register.

Note from FAN: This document corrects a typographical error in the January 23, 2004, Final Rule for Sulfuryl fluoride tolerances. The fluoride residues for Wheat, grain, postharvest was listed at 40.04 ppm. This document corrects it to 40.0 ppm.

http://www.epa.gov/fedrgstr/EPA-PEST/2004/June/Day-16/p13288.htm

[Federal Register: June 16, 2004 (Volume 69, Number 115)]
[Rules and Regulations]
[Page 33578-33580]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr16jn04-18]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 180
[OPP-2003-0373; FRL-7346-1]

Sulfuryl Fluoride; Pesticide 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 January 23,
2004, establishing tolerances for residues of sulfuryl fluoride and
inorganic fluoride from postharvst fumigation uses of sulfuryl fluoride
in or on stored commodities. In the regulatory text of the document,
the tolerance level for ``wheat, grain, postharvest'' was incorrectly
listed. This document corrects the typographical error.
DATES: This document is effective on June 16, 2004.
FOR FURTHER INFORMATION CONTACT: Dennis McNeilly, Registration Division
(7505C), Office of Pesticide Programs, Environmental Protection Agency,
1200 Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone
number: (703) 308-6742; e-mail address: mcneilly.dennis@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 Get Copies of this Document and Other Related Information?
1. Docket. EPA has established an official public docket for this
action under docket identification (ID) number OPP-2003-0373. The
official public docket consists of the documents specifically
referenced in this action, any public comments received, and other
information related to this action. Although a part of the official
docket, the public docket does not include Confidential Business
Information (CBI) or other information whose disclosure is restricted
by statute. The official public docket is the collection of materials
that is available for public viewing at the Public Information and
Records Integrity Branch (PIRIB), Rm. 119, Crystal Mall #2,
1921 Jefferson Davis Hwy., 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.
2. Electronic access. 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 at E-CFR Beta Site
Two at http://www.gpoaccess.gov/ecfr.
An electronic version of the public docket is available through
EPA's electronic public docket and comment system, EPA Dockets. You may
use EPA Dockets at http://www.epa.gov/edocket/ to submit or view public
comments, access the index listing of the contents of the official
public docket, and to access those documents in the public docket that
are available electronically. Once in the system, select ``search,''
then key in the appropriate docket ID number.
II. What Does this Correction Do?
In the Federal Register of January 23, 2004 (69 FR 3240) (FRL-7342-
1), EPA published a final rule that established
[[Page 33579]]
tolerances for residues of sulfuryl fluoride and inorganic fluoride
from postharvst fumigation uses of sulfuryl fluoride in or on stored
commodities. In the regulatory text of the document, the tolerance
level for ``wheat, grain, postharvest'' was inadvertently listed as
``40.04'' in Sec. 180.145(a)(3). The correct tolerance level is
``40.0''. This document corrects that typographical error.
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 a typographical error in a previously
published final rule. 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?
This final rule implements a technical amendment to the Code of
Federal Regulations which has no substantive impact on the undelying
regulations, and it does not otherwise impose or amend any
requirements. As such, the Office of Management and Budget (OMB) has
determined that a technical amendment 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). Because
this rule has been exempted from review under Executive Order 12866 due
to its lack of significance, this rule is not subject to Executive
Order 13211, entitled Actions Concerning Regulations That Significantly
Affect Energy Supply, Distribution, or Use (66 FR 28355, May 22, 2001).
This final rule does not contain any information collections subject to
OMB approval under the Paperwork Reduction Act (PRA), 44 U.S.C. 3501 et
seq., or impose any enforceable duty or contain any unfunded mandate as
described under Title II of the Unfunded Mandates Reform Act of 1995
(UMRA) (Public Law 104-4). Nor does it require any special
considerations under Executive Order 12898, entitled Federal Actions to
Address Environmental Justice in Minority Populations and Low-Income
Populations (59 FR 7629, February 16, 1994); or OMB review or any
Agency action under Executive Order 13045, entitled Protection of
Children from Environmental Health Risks and Safety Risks (62 FR 19885,
April 23, 1997). This action does not involve any technical standards
that would require Agency 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). Since the action does not require the issuance of
a proposed rule, the requirements of the Regulatory Flexibility Act
(RFA) (5 U.S.C. 601 et seq.) do not apply. In addition, the Agency has
determined that this action will not have a substantial direct effect
on States, on the relationship between the national government and the
States, or on the distribution of power and responsibilities among the
various levels of government, as specified in Executive Order 13132,
entitled Federalism(64 FR 43255, August 10, 1999). Executive Order
13132 requires EPA to develop an accountable process to ensure
``meaningful and timely input by State and local officials in the
development of regulatory policies that have federalism implications.''
``Policies that have federalism implications'' is defined in the
Executive Order to include regulations that have ``substantial direct
effects on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government.'' This action
does not alter the relationships or distribution of power and
responsibilities established by Congress in the preemption provisions
of FFDCA section 408(n)(4). For these same reasons, the Agency has
determined that this rule does not have any ``tribal implications'' as
described in Executive Order 13175, entitled Consultation and
Coordination with Indian Tribal Governments (59 FR 22951, November 6,
2000). Executive Order 13175, requires EPA to develop an accountable
process to ensure ``meaningful and timely input by tribal officials in
the development of regulatory policies that have tribal implications.''
``Policies that have tribal implications'' is defined in the Executive
Order to include regulations that have ``substantial direct effects on
one or more Indian tribes, on the relationship between the Federal
government and the Indian tribes, or on the distribution of power and
responsibilities between the Federal government and Indian tribes.''
This rule will not have substantial direct effects on tribal
governments, on the relationship between the Federal government and
Indian tribes, or on the distribution of power and responsibilities
between the Federal government and Indian tribes, as specified in
Executive Order 13175. Thus, Executive Order 13175 does not apply to
this rule.
V. Congressional Review Act
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. 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: May 27, 2004.
Lois Rossi,
Director, Registration Division, Office of Pesticide Programs.
• Therefore, 40 CFR part 180 is corrected 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 180.145 is corrected by revising the entry for ``wheat,
grain, postharvest'' in the table in paragraph (a)(3) to read as follows:
Sec. 180.145 Flourine compounds; tolerances for residues.
(a) * * *
(3) * * *
------------------------------------------------------------------------
Commodity Parts per million
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* * * * *
Wheat, grain, postharvest............................ 40.0
* * * * *
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[[Page 33580]]
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[FR Doc. 04-13288 Filed 6-15-04; 8:45 am]
BILLING CODE 6560-50-S