Aspergillus flavus AF36; Exemption from Temporary Tolerance, Technical Amendment

[Federal Register Volume 64, Number 125 (Wednesday, June 30, 1999)]
[Rules and Regulations]
[Pages 35049-35051]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-16546]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[OPP-300860A; FRL-6087-3]


Aspergillus flavus AF36; Exemption from Temporary Tolerance, 
Technical Amendment

AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule; Technical amendment.

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SUMMARY: EPA is issuing a technical amendment to the expiration date 
for an exemption from temporary tolerance regulation for Aspergillus 
flavus AF36 that published in the Federal Register on May 26, 1999 (64 
FR 28371) (FRL-6081-2). This amendment corrects the expiration date for 
the exemption from temporary tolerance for residues of the atoxigenic 
Aspergillus flavus AF36 on cotton grown in certain Counties in Arizona 
to December 30, 2001, in order to allow clearance of the treated food/
feed commodities through the channels of trade.

DATES: This regulation is effective June 30, 1999. You may submit an 
objection

[[Page 35050]]

or request a hearing as specified in Unit IV. of the ``SUPPLEMENTARY 
INFORMATION'' section of this document. Any objection or hearing 
request must identify docket control number [OPP-300860A], and must be 
received by the EPA Hearing Clerk on or before August 30, 1999.

FOR FURTHER INFORMATION CONTACT:  By mail: Shanaz Bacchus, 
Biopesticides and Pollution Prevention Division (7511C), Office of 
Pesticide Programs, U.S. Environmental Protection Agency, 401 M St., 
SW., Washington, DC 20460; telephone number: 703-308-8097; e-mail 
address: bacchus.shanaz@epa.gov.

SUPPLEMENTARY INFORMATION:

I. Does this Action Apply to Me?

    You may be affected by this action if you are a cotton producer in 
certain counties of Arizona (NAICS 11192). If you have any questions 
regarding the applicability of this action to a particular entity, 
consult the person listed in the ``FOR FURTHER INFORMATION CONTACT'' 
section.

 II. 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 various support documents from the EPA Internet Home Page 
at https://www.epa.gov/. 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 https://www.epa.gov/
fedrgstr/.
    2. In person. The Agency has established an official record for 
this action under docket control number [OPP-300860A]. 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 Highway, 
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.

III. What Does this Technical Correction Do?

    This technical correction amends the expiration date for an 
exemption from temporary tolerance for residues of atoxigenic 
Aspergillus flavus AF36 on cotton in Arizona treated in accordance with 
the Experimental Use Permit 69224-EUP-1. This temporary exemption from 
a tolerance was established on May 26, 1999 (64 FR 28371) (FRL-6081-2) 
in response to a petition submitted by the Interregional Research 
Project Number 4 (IR-4). Specifically, IR-4 requested an exemption from 
temporary tolerance for residues of Aspergillus flavus AF36 on cotton 
in certain counties in Arizona as specified in the Experimental Use 
Permit 69224-EUP-1 under the Federal Food, Drug and Cosmetic Act 
(FFDCA), as amended by the Food Quality Protection Act of 1996 (FQPA). 
The Notice of Petition appeared in the Federal Register on February 19, 
1999 (64 FR 8358) (FRL-6057-3).
    At the time of the petition, as presented in the notice of petition 
as published on February 19, 1999, IR-4 specifically requested that the 
exemption from temporary tolerances be established for residues of this 
microbial pesticide until December 30, 2001, to allow the treated 
cotton to clear the channels of trade. (See 64 FR 8358, at 8358). 
Inadvertently, the expiration date appeared as December 30, 2000 in the 
May 26, 1999 final rule. However, in granting the request contained in 
the petition, the Agency intended to grant the expiration date 
specifically requested by IR-4. This document corrects the expiration 
date that appears in the May 26, 1999 final rule, by changing December 
30, 2000 to December 30, 2001 in the regulation.
    This correction to the exemption from a temporary tolerance is 
subject to the objection procedures in FFDCA section 408(g)(2) and 40 
CFR part 178.

IV. Why Is this Technical Correction Issued as a Final Rule?

    EPA is publishing this action as a final rule without prior notice 
and opportunity to comment because the Agency believes that providing 
notice and an opportunity to comment is unnecessary and would be 
contrary to the public interest. As explained above, the correction 
contained in this action will simply correct the expiration date for 
the exemption from temporary tolerances established for residues of 
this microbial pesticide to allow the treated cotton to clear the 
channels of trade. EPA therefore finds that there is ``good cause'' 
under section 553(b)(3)(B) of the Administrative Procedure Act (APA) (5 
U.S.C. 553(b)(3)(B)) to make this amendment without prior notice and 
comment. For the same reasons, EPA also finds that there is ``good 
cause'' under FFDCA section 408(e)(2) to make this minor modification 
to the exemption from tolerance without notice and comment.

V. Do Any of the Regulatory Assessment Requirements Apply to this 
Action?

    No. This final rule does not impose any new requirements. It only 
implements a technical correction to the Code of Federal Regulations 
(CFR). As such, this action does not require review by the Office of 
Management and Budget (OMB) under Executive Order 12866, entitled 
Regulatory Planning and Review (58 FR 51735, October 4, 1993), the 
Paperwork Reduction Act (PRA), 44 U.S.C. 3501 et seq., or Executive 
Order 13045, entitled Protection of Children from Environmental Health 
Risks and Safety Risks (62 FR 19885, April 23, 1997). This action does 
not impose any enforceable duty, contain any unfunded mandate, or 
impose any significant or unique impact on small governments as 
described in the Unfunded Mandates Reform Act of 1995 (UMRA) (Public 
Law 104-4). Nor does it require prior consultation with State, local, 
and tribal government officials as specified by Executive Order 12875, 
entitled Enhancing the Intergovernmental Partnership (58 FR 58093, 
October 28, 1993) and Executive Order 13084, entitled Consultation and 
Coordination with Indian Tribal Governments (63 FR 27655, May 19,1998), 
or special consideration of environmental justice related issues under 
Executive Order 12898, entitled Federal Actions to Address 
Environmental Justice in Minority Populations and Low-Income 
Populations (59 FR 7629, February 16, 1994). This action does not 
involve any technical standards that would require Agency 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 addition, 
since this action is not subject to notice-and-comment requirements 
under the Administrative Procedure Act (APA) or any other statute, it 
is not subject to the regulatory flexibility provisions of the 
Regulatory Flexibility Act (RFA) (5 U.S.C. 601 et seq.).
    EPA's compliance with these statutes and Executive Orders for the 
May 26,

[[Page 35051]]

1999 final rule, which established the exemption from temporary 
tolerance for residues of the atoxigenic Aspergillus flavus AF36 on 
cotton grown in certain Counties in Arizona, is discussed in the 
preamble for the final rule (64 FR 28371, at 28373).

VI. Will EPA Submit this Final Rule to Congress and the Comptroller 
General?

    Yes. The Congressional Review Act, 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. 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, Administrative Practice and Procedure, 
Agricultural Commodities, Pesticides and Pests, Reporting and 
Recordkeeping Requirements.

    Dated: June 10, 1999.

Kathleen D. Knox,

Acting Director, Biopesticides and Pollution Prevention Division, 
Office of Pesticide Programs.
    Therefore, 40 CFR chapter I is amended as follows:

PART 180--[AMENDED]

    1. The authority citation for part 180 continues to read as 
follows:
     Authority: 21 U.S.C. 321(q), 346(a) and 371.

Sec. 180.1206 [Amended]

    2. Section 180.1206 is amended by revising the date in the last 
sentence therein to read ``December 30, 2001''.

[FR Doc. 99-16546 Filed 6-29-99; 8:45 am]
BILLING CODE 6560-50-F