[Federal Register Volume 77, Number 85 (Wednesday, May 2, 2012)]
[Rules and Regulations]
[Pages 25903-25904]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-10343]



40 CFR Part 180

[EPA-HQ-OPP-2010-1079; FRL-9344-9]

Thiamethoxam; Pesticide Tolerances; Technical Correction

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule; technical correction.


SUMMARY: EPA issued a final rule in the Federal Register of March 2, 
2012, concerning the establishment of tolerances for the insecticide 
thiamethoxam on multiple commodities. This document is being issued to 
correct various typographical omissions, specifically, the omission of 
previously established tolerances for caneberry subgroup 13-07A; 
mustard, seed; onion, dry bulb; papaya; safflower, seed; and nut, tree, 
group 14.

DATES: This final rule is effective May 2, 2012.

ADDRESSES: EPA has established a docket for this action under docket 
identification (ID) number EPA-HQ-OPP-2010-1079. 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. to 4 p.m., Monday through Friday, 
excluding legal holidays. The Docket Facility telephone number is (703) 

FOR FURTHER INFORMATION CONTACT: Julie Chao, Registration Division 
(7505P), Office of Pesticide Programs, Environmental Protection Agency, 
1200 Pennsylvania Ave. NW., Washington, DC 20460-0001; telephone 
number: (703) 308-8735; email address: chao.julie@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 correction do?

    This technical correction reinstates previously established 
tolerances for the insecticide thiamethoxam in or on: Caneberry 
subgroup 13-07A at 0.35 parts per million (ppm); mustard, seed at 0.02 
ppm; nut, tree, group 14 at 0.02 ppm; onion, dry bulb at 0.03 ppm; 
papaya at 0.40 ppm; and safflower, seed at 0.02 ppm. These tolerances 
were inadvertently deleted from the table in paragraph (a) under 40 CFR 
Part 180.565 in the final rule establishing new tolerances for 
thiamethoxam on several commodities that published in the Federal 
Register of March 2, 2012 (77 FR 12731) (FRL-9331-8).

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 
correction final without prior proposal and opportunity for comment, 
because the tolerances being reinstated in the table in paragraph (a) 
of 40 CFR 180.565 are permanent tolerances that were inadvertently 
omitted from that table in the course of a rulemaking that amended the 
table to establish several new tolerances. As part of that rulemaking, 
EPA prepared a revised table listing the current and new tolerances. In 
preparing the revised table, that contains tolerances on over 80 
commodities, EPA inadvertently overlooked the tolerances identified in 
Unit II. It is clear on the face of the rulemaking document that the 
omission of the tolerances identified in Unit II

[[Page 25904]]

was a typographical error because the document in no place mentions, or 
suggests, an intention of removing those tolerances. Public comment is 
unnecessary on an action to correct such a clear inadvertent error. 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 final rule corrects a technical error and does not otherwise 
change the requirements in the final rule. As a technical correction, 
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 IV. in 
the Federal Register of March 2, 2012.

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: April 18, 2012.
Lois Rossi,
Registration Division, Office of Pesticide Programs.

    Therefore, 40 CFR 180.565 is corrected 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. Section 180.565 is corrected by alphabetically adding: Caneberry 
subgroup 13-07A; mustard, seed; onion, dry bulb; papaya; safflower, 
seed; and nut, tree, group 14 to the table in paragraph (a) to read as 

Sec.  180.565  Thiamethoxam; tolerances for residues.

    (a) * * *

                                                               Parts per
                          Commodity                             million
                                * * * * *
Caneberry subgroup 13-07A....................................       0.35
                                * * * * *
Mustard, seed................................................       0.02
Nut, tree, group 14..........................................       0.02
                                * * * * *
Onion, dry bulb..............................................       0.03
                                * * * * *
Papaya.......................................................       0.40
                                * * * * *
Safflower, seed..............................................       0.02
                                * * * * *

* * * * *
[FR Doc. 2012-10343 Filed 5-1-12; 8:45 am]