[Federal Register Volume 77, Number 106 (Friday, June 1, 2012)]
[Rules and Regulations]
[Pages 32400-32401]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-13354]



40 CFR Part 180

[EPA-HQ-OPP-2006-0848; FRL-9351-5]

Fenamidone; Pesticide Tolerance; Technical Amendment

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule; technical amendment.


SUMMARY: EPA issued a final rule in the Federal Register of October 24, 
2007, establishing tolerances for residues of fenamidone in or on 
various commodities. This document is being issued to correct a 
typographical error.

DATES: This final rule is effective June 1, 2012.

ADDRESSES: The docket for this action, identified by docket 
identification (ID)

[[Page 32401]]

number EPA-HQ-OPP-2006-0848, is available either electronically through 
http://www.regulations.gov or in hard copy at the OPP Docket in the 
Environmental Protection Agency Docket Center (EPA/DC), located in EPA 
West, Rm. 3334, 1301 Constitution Ave. NW., Washington, DC 20460-0001. 
The Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday 
through Friday, excluding legal holidays. The telephone number for the 
Public Reading Room is (202) 566-1744, and the telephone number for the 
OPP Docket is (703) 305-5805. Please review the visitor instructions 
and additional information about the docket available at http://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: Tony Kish, Registration Division 
(7505P), Office of Pesticide Programs, Environmental Protection Agency, 
1200 Pennsylvania Ave. NW., Washington, DC 20460-0001; telephone 
number: (703) 308-9443; email address: kish.tony@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 the action. If you have questions regarding the 
applicability of this action to a particular entity, consult the person 

II. What does this technical amendment do?

    EPA issued a final rule in the Federal Register of October 24, 2007 
(72 FR 60266) (FRL-8152-9), establishing tolerances for residues of the 
fungicide fenamidone in or on various commodities. In Units II., III., 
and V., of the preamble, the text correctly listed the tolerance level 
for the commodity ``strawberry'' at 0.02 parts per million (ppm). The 
table in Sec.  180.579(d), of the regulatory text, incorrectly listed 
the tolerance level for ``strawberry'' at 0.15. This technical 
amendment corrects that error.

III. Why is this action 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 
action merely corrects a typographical 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 

    No. For a detailed discussion concerning the statutory and 
executive order reviews, refer to Unit VI. of the October 24, 2007 
final rule.

V. Congressional Review Act

    Pursuant to the Congressional Review Act (5 U.S.C. 801 et seq.) 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 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: May 24, 2012.
Losi Rossi,
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. Section 180.579 is amended by revising the entry for ``Strawberry'' 
in paragraph (d) to read as follows:

Sec.  [emsp14]180.579  Fenamidone; tolerances for residues.

* * * * *
    (d) * * *

                                                              Parts per
                         Commodity                             million
                                * * * * *
Strawberry................................................         0.02

[FR Doc. 2012-13354 Filed 5-31-12; 8:45 am]