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CFR Citation: 40 CFR Part 180

RIN ID: RIN 2070-AJ28

EPA ID: [EPA-HQ-OPP-2007-0766; FRL-8345-4]

NOTICE: RULES

ACTION: Pesticide Programs:

DOCUMENT ACTION: Final rule; technical amendment.

SUBJECT CATEGORY: Pesticide Tolerance Crop Grouping Program; Technical Amendment

DATES: This final rule is effective January 2, 2008.

DOCUMENT SUMMARY: EPA issued a final rule in the Federal Register of December 7, 2007 (72 FR 69150) (FRL83431), concerning amendments and revisions to the pesticide tolerance crop grouping regulations. This document is being issued to correct an omission in one of the crop grouping tables and to remove unnecessary scientific names from another table.

SUMMARY: Pesticide Tolerance Crop Grouping Program; Technical Amendment,

SUPPLEMENTAL 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 the FOR FURTHER INFORMATION CONTACT.
B. How Can I Access Electronic Copies of this Document and Other Related Information?

In addition to using 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 final rule in the Federal Register of December 7, 2007 (72 FR 69150) (FRL83431), concerning amendments and revisions to the pesticide tolerance crop grouping regulations. This document is being issued to correct an omission in the crop grouping table in Sec. 180.41(c)(15)(ii) for Gooseberry, and to remove unnecessary scientific names from the crop group 21 table in Sec. 180.41(c)(22)(ii). 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 technical amendment merely adds two subgroup numbers which were inadvertently left out to one table, and removes unnecessary scientific nomenclature from another table. This technical amendment does not change the impact of the December 7, 2007 document. EPA finds that this constitutes good cause under 5 U.S.C. 553(b)(B).
[[Page 52]]
IV. Do Any of the Statutory and Executive Order Reviews Apply to this Action?

EPA included the necessary statutory and Executive Order reviews in the December 7, 2007 final rule.

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, Pesticides and pest.

Dated: December 13, 2007.
James Jones,
Acting Assistant Administrator for Prevention, Pesticides, and Toxic Substances.
Therefore, 40 CFR part 180 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 180.41 is amended by revising the entry for ``Gooseberry (ribes spp)'' in table 1 to paragraph (c)(15)(ii), and by revising the Crop Group 21 table in paragraph (c)(22)(ii) to read as follows: Sec. 180.41 Crop group tables.
* * * * *
(c) * * *
(15) * * *
(ii) * * *
TABLE 1.Crop Group 1307: Berry and Small Fruit Crop Group Commodities Related crop subgroups * * * * * * *
Gooseberry (Ribes spp.)............. 1307B, 1307D, 1307E, 1307F * * * * * * *
* * * * *
(22) * * *
(ii) * * *
Crop Group 21.Edible Fungi GroupCommodities
Blewitt (Lepista nuda)
Bunashimeji (Hypsizygus marrmoreus)
Chinese mushroom (Volvariella volvacea) (Bull.) Singer
Enoki (Flammulina velutipes) (Curt.) Singer
HimeMatsutake (Agaricus blazei) Murill
Hirmeola (Auricularia auricular)
Maitake (Grifola frondosa)
Morel (Morchella spp.)
Nameko (Pholiota nameko)
Net Bearing (Dictyophora)
Oyster mushroom (Pleurotus spp.)
Pom Pom (Hericium erinaceus)
Reishi mushroom (Ganoderma lucidum (Leyss. Fr.) Karst.)
Rodman's agaricus (Agaricus bitorquis) (Quel.) Saccardo
Shiitake mushroom (Lentinula edodes (Berk.) Pegl.)
Shimeji (Tricholoma conglobatum)
Stropharia (Stropharia spp.)
Truffle (Tuber spp.)
White button mushroom (Agaricus bisporous (Lange) Imbach)
White Jelly Fungi (Tremella fuciformis)
[FR Doc. E725280 Filed 123107; 8:45 am]
BILLING CODE 656050S

FOR FURTHER INFORMATION CONTACT Rame Cromwell, Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 204600001; telephone number: 7033089068; fax number:7033055884; email address: cromwell.rame@epa.gov.