[Federal Register Volume 76, Number 188 (Wednesday, September 28, 2011)]
[Rules and Regulations]
[Pages 59908-59909]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-24370]



40 CFR Part 180

[EPA-HQ-OPP-2010-0888; FRL-8888-3]

Chlorantraniliprole; Pesticide Tolerances; Correction

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule; correction amendment.


SUMMARY: EPA issued a final rule in the Federal Register of July 27, 
2011, concerning the regulation to establish pesticide tolerances for 
residues of chlorantraniliprole in or on multiple commodities. This 
document is being issued to correct an omission of the tolerance for 
Bushberry, subgroup 13-07B.

DATES: This final rule is effective September 28, 2011.

ADDRESSES: EPA has established a docket for this action under docket 
identification (ID) number EPA-HQ-OPP-2010-0888. 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.

[[Page 59909]]

to 4 p.m., Monday through Friday, excluding legal holidays. The Docket 
Facility telephone number is (703) 305-5805.

FOR FURTHER INFORMATION CONTACT: Rita Kumar, Registration Division 
(7505P), Office of Pesticide Programs, Environmental Protection Agency, 
1200 Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone 
number: (703) 308-8291; e-mail address: kumar.rita@epa.gov.


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 

II. What does this technical amendment Do?

    This technical amendment adds Bushberry, subgroup 13-07B to the 
table in paragraph (a) to 40 CFR 180.628. On July 27, 2011 (76 FR 
44815) (FRL-8875-5), the Registration Division issued in the Federal 
Register an amendment to 40 CFR 180.628. In the preamble to the final 
rule RD discussed the addition of several commodities and tolerances, 
including a tolerance for Bushberry, subgroup 13-07B. However, the 
tolerance for Bushberry was inadvertently omitted from the regulatory 
amendment and the table in 180.628. This technical amendment corrects 
that omission.

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 amendment 
final without prior proposal and opportunity for comment, because this 
omission was a typographical error. The tolerance for Bushberry, 
subgroup 13-07B was included in the petitioned for tolerances, exposure 
and risk evaluation, determination of safety, and conclusion sections 
of the Final Rule, FR Doc. 2011-18708 published in the Federal Register 
of July 27, 2011 (76 FR 44815-44821). 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 

    This technical amendment adds a tolerance that was inadvertently 
omitted from a previously published final rule and does not otherwise 
change the original requirements of the final rule. Since this rule 
corrects an omission, 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 July 27, 2011 
(76 FR 44815-44821) (FRL-8875-5).

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: September 15, 2011.
Daniel J. Rosenblatt,
 Acting Director, Registration Division, Office of Pesticide Programs.

    Therefore, 40 CFR part 180 is amended as follows:


1. The authority citation for part 180 continues to read as follows:

    Authority:  21 U.S.C. 321(q), 346a and 371.

2. In Sec.  180.628, in the table to paragraph (a), add the entry for 
bushberry, subgroup 13-07B to read as follows:

Sec.  [emsp14]180.628  Chlorantraniliprole; tolerances for residues.

    (a) * * *

                                                               Parts per
                          Commodity                             million
                                * * * * *
Bushberry, subgroup 13-07B..................................         2.5
                                * * * * *

[FR Doc. 2011-24370 Filed 9-27-11; 8:45 am]