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Mancozeb; Pesticide Tolerance Technical Correction
Note: EPA no longer updates this information, but it may be useful as a reference or resource.
[Federal Register: August 16, 2000 (Volume 65, Number 159)]
[Rules and Regulations]
[Page 49922-49924]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr16au00-13]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 180
[OPP-301028; FRL-6736-4]
RIN 2070-AB78
Mancozeb; 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 May 24,
2000 consolidating certain food and feed additive tolerance regulations
from 40 CFR parts 185 and 186 into 40 CFR part 180. In the
consolidation rule there is a revision of the tolerance for mancozeb
use on ginseng. In the same issue of the Federal Register, EPA issued a
separate amendment to the mancozeb tolerance regulation. EPA is issuing
this document to clarify and to correct the expiration/revocation date
of the tolerance for mancozeb use on ginseng.
[[Page 49923]]
DATES: This technical correction is effective May 24, 2000.
FOR FURTHER INFORMATION CONTACT: By mail: Hoyt Jamerson, Registration
Division (7505C), Office of Pesticide Programs, Environmental
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460;
telephone number: (703) 308-9368; e-mail address:
jamerson.hoyt@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 Additional Information, Including Copies of this
Document and Other Related Documents?
1. Electronically. You may obtain electronic copies of this
document, and certain other related documents that might be available
electronically, from the EPA Internet Home Page at http://www.epa.gov/.
To access this document, on the Home Page select ``Laws and
Regulations'' and then look up the entry for this document under the
``Federal Register-- Environmental Documents.'' You can also go
directly to the Federal Register listings at http://www.epa.gov/
fedrgstr/.
2. In person. The Agency has established an official record for
this action under docket control number OPP-301028. The official record
consists of the documents specifically referenced in this action, any
public comments received during an applicable comment period, and other
information related to this action, including any information claimed
as Confidential Business Information (CBI). This official record
includes the documents that are physically located in the docket, as
well as the documents that are referenced in those documents. The
public version of the official record does not include any information
claimed as CBI. The public version of the official record, which
includes printed, paper versions of any electronic comments submitted
during an applicable comment period, is available for inspection in the
Public Information and Records Integrity Branch (PIRIB), Rm. 119,
Crystal Mall #2, 1921 Jefferson Davis Hwy., Arlington, VA, from 8:30
a.m. to 4 p.m., Monday through Friday, excluding legal holidays. The
PIRIB telephone number is (703) 305-5805.
II. What Action is EPA taking?
This technical correction corrects the table in 40 CFR 180.176(b)
to clarify that the tolerance for mancozeb use on ginseng expires on
12/31/01. In the Federal Register of May 24, 2000, two amendments to
the mancozeb tolerance regulation were issued. At page 33472 (FRL-6556-
9) the expiration/revocation date for mancozeb use in or on ginseng
shown in the table to Sec. 180.176(b) was revised to read 12/31/01. On
page 33708 (FRL-6043-1), Sec. 180.176 was revised in its entirety. In
this amendment, the expiration date for ginseng in the table to
paragraph (b) reads ``12/31/99''. The correct expiration/revocation
date for mancozeb use on gingeng is ``12/31/01'' as is shown in the
amendment at page 33472. This technical correction both clarifies and
corrects the expiration/revocation date of mancozeb use on ginseng as
found in 40 CFR 180.176(b). Because the Office of the Federal Register
has to include the latest amendment in the Code of Federal Regulations
(CFR), it is necessary that EPA issue this correction to insure that
the correct expiration/revocation date is shown in the CFR.
III. Why is this Technical 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 rule without providing
notice and an opportunity for public comment. EPA has determined that
there is good cause for making today's rule final without prior
proposal and opportunity for comment, because EPA is correcting and
clarifying the tolerance for mancozeb use in or on ginseng that was
previously published in the Federal Register. The preamble to the
previously published Final Rule discussed how the number average
molecular was one of the criteria for identifying low risk polymers.
Thus, notice and public procedure are unnecessary. EPA finds that this
constitutes good cause under 5 U.S.C. 553(b)(B).
IV. Do Any of the Regulatory Assessment Requirements Apply to this
Action?
No. This final rule implements a technical amendment to the CFR to
reflect a technical correction to a previously issued Final Rule, and
it does not otherwise impose or amend any requirements. As such, the
Office of Management and Budget (OMB) has determined that a technical
correction 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). Nor does this rule contain any
information collection requirements that require review and approval by
OMB pursuant to the Paperwork Reduction Act of 1995 (PRA) (44 U.S.C.
3501 et seq.).
Because this action is not economically significant as defined by
section 3(f) of Executive Order 12866, this action is not subject to
Executive Order 13045, entitled Protection of Children from
Environmental Health Risks and Safety Risks (62 FR 19885, April 23,
1997). This action will not result in environmental justice related
issues and does not, therefore, require special consideration under
Executive Order 12898, entitled Federal Actions to Address
Environmental Justice in Minority Populations and Low-Income
Populations (59 FR 7629, February 16, 1994). Since the Agency has made
a ``good cause'' finding that this action is not subject to notice-and-
comment requirements under the APA or any other statute (see Unit III
above), this action is not subject to provisions of the Regulatory
Flexibility Act (RFA) (5 U.S.C. 601 et seq.), or to sections 202 and
205 of the Unfunded Mandates Reform Act of 1995 (UMRA) (Public Law 104-
4). In addition, this action does not significantly or uniquely affect
small governments or impose a significant intergovernmental mandate, as
described in sections 203 and 204 of UMRA. Nor does this action
significantly or uniquely affect the communities of tribal governments
as specified by Executive Order 13084, entitled Consultation and
Coordination with Indian Tribal Governments (63 FR 27655, May 10,
1998). This rule will not 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, as specified in Executive Order 13132,
entitled Federalism (64 FR 43255, August 10, 1999). This action does
not involve any technical standards that require the Agency's
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). In
issuing this rule, EPA has taken the necessary steps to eliminate
drafting errors and ambiguity, minimize potential litigation, and
provide a clear legal standard for
[[Page 49924]]
affected conduct, as required by section 3 of Executive Order 12988,
entitled Civil Justice Reform (61 FR 4729, February 7, 1996). EPA has
complied with Executive Order 12630, entitled Governmental Actions and
Interference with Constitutionally Protected Property Rights (53 FR
8859, March 15, 1988), by examining the takings implications of this
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.
For information about the applicability of the regulatory
assessment requirements to the final rule that was issued on May 24,
2000 (65 FR 33703) (FRL-6041-9), please refer to the discussion in Unit
III of that document.
V. Will EPA Submit this Final Rule to Congress and the Comptroller
General?
Yes. The Congressional Review Act (CRA), 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).
EPA has made such a good cause finding for this final rule, and
established an effective date of May 24, 2000. Pursuant to 5 U.S.C.
808(2), this determination is supported by the brief statement in Unit
III of this document. 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 is not a
``major rule'' as defined by 5 U.S.C. 804(2).
List of Subjects in 40 CFR Part 180
Environmental protection, Pesticides and pest.
Dated: July 26, 2000.
James Jones,
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.
Sec. 180.176 [Amended]
2. In Sec. 180.176, amend the table in paragraph (b) by revising
the expiration/revocation date ``12/31/99'' to read ``12/31/01''.
[FR Doc. 00-20734 Filed 8-15-00 8:45 am]
BILLING CODE 6560-50-S