Federal Register: February 10, 2010 (Volume 75, Number 27)
DOCID: fr10fe10-7 FR Doc 2010-2655
ENVIRONMENTAL PROTECTION AGENCY
Environmental Protection Agency
CFR Citation: 40 CFR Part 180
EPA ID: [EPA-HQ-OPP-2008-0923; FRL-8809-4]
NOTICE: RULES
DOCID: fr10fe10-7
ACTION: Approval and Promulgation of Air Quality Implementation Plans:
DOCUMENT ACTION: Final rule; technical amendmemt.
SUBJECT CATEGORY:
Exemption from the Requirement of a Tolerance; Technical Amendment
DATES: This final rule is effective February 10, 2010.
DOCUMENT SUMMARY:
EPA issued a final rule in the Federal Register of June 3, 2009, concerning minor technical revisions of certain commodity terms listed under 40 CFR part 180, subpart D. The fungal active ingredient Aspergillus flavus NRRL 21882 was inadvertently revised. This document is being issued to amend the section to include text that was omitted.
SUMMARY:
Exemption from the Requirement of a Tolerance; Technical Amendment
SUPPLEMENTAL 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 Amendment Do?
This technical amendment revises Sec. 180.1254 to reinstate text
that was inadvertently omitted in a final rule that was published in
the Federal Register of June 3, 2009 (74 FR 26527) (FRL84179). The
June 3, 2009 final rule revised Sec. 180.1254, however; the revision
omitted text which which had been added as paragraph (b) in a final
rule published in the Federal Register on October 1, 2008 (73 FR 56995).
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)(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 the omission was the result of clerical error and was neither
proposed nor commented upon. Notice and comment is therefore unnecessary.
IV. Do Any of the Statutory and Executive Order Reviews Apply to this Action?
No. This action only corrects the omission 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 III. of the final rule published on June 3, 2009 (74 FR 26527).
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: January 21, 2010.
Keith A. Matthews,
Acting Director, Biopesticides and Pollution Prevention Division, Office of Pesticide Programs.
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: 321(q), 346a and 371.
2. Section 180.1254 is revised to read as follows:
Sec. 180.1254 Aspergillus flavus NRRL 21882; exemption from the requirement of a tolerance.
(a) An exemption from the requirement of a tolerance is established
for residues of Aspergillus flavus NRRL 21882 on peanut; peanut, hay; peanut, meal; and peanut, refined oil.
(b) An exemption from the requirement of a tolerance is established
for residues of Aspergillus flavus NRRL 21882 on corn, field, forage;
corn, field, grain; corn, field, stover; corn, field, aspirated grain
fractions; corn, sweet, kernel plus cob with husk removed; corn, sweet,
forage; corn, sweet, stover; corn, pop, grain; and corn, pop, stover. [FR Doc. 20102655 Filed 2910; 8:45 am]
BILLING CODE 656050S
FOR FURTHER INFORMATION CONTACT
For 40 CFR 180.1254 only contact: Shanaz Bacchus, Biopesticides and Pollution Prevention Division (7511P), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington DC 204600001; telephone number: (703) 3088097; fax number: (703) 3087026; email address: bacchus.shanaz@epa.gov.
For other matters regarding EPAHQOPP20080923: Stephen Morrill, Biopesticides and Pollution Prevention Division (7511P), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington DC 204600001; telephone number: (703) 3088319; fax number: (703) 3087026; email address: morrill.stephen@epa.gov.