[Federal Register Volume 76, Number 173 (Wednesday, September 7, 2011)]
[Rules and Regulations]
[Pages 55272-55273]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-22866]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2007-0099; FRL-8870-8]


Flubendiamide; Pesticide Tolerances; Technical Amendment

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule; technical amendment.

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SUMMARY: This document is being issued to correctly revise tolerance 
levels, for the pesticide, flubendiamide in or on the meat and meat 
byproducts of cattle, goat, hog, horse, and sheep. The tolerance levels 
were inadvertently transcribed incorrectly in a final rule printed in 
the Federal Register on March 23, 2011.

DATES: This final rule is effective September 7, 2011.

ADDRESSES: EPA has established a docket for this action under docket 
identification (ID) number EPA-HQ-OPP-2007-0099. 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) 
305-5805.

FOR FURTHER INFORMATION CONTACT: Carmen Rodia, Registration Division 
(7504P), Office of Pesticide Programs, Environmental Protection Agency, 
1200 Pennsylvania Avenue, NW., Washington, DC 20460-0001; telephone 
number: (703) 306-0327; fax number: (703) 308-0029; e-mail address: 
[email protected].

SUPPLEMENTARY INFORMATION: 

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 
person listed under FOR FURTHER INFORMATION CONTACT.

II. What does this technical amendment do?

    In the Federal Register of March 23, 2011 (75 FR 16301) (FRL-8863-
8), EPA issued a final rule establishing new tolerances and revising 
existing tolerances for residues of flubendiamide (40 CFR 180.639) on 
certain food and livestock commodities. Inadvertently, a few of the 
tolerance levels were transcribed incorrectly, and consequently, 40 CFR 
180.639(a)(2) provides an incorrect tolerance value for the established 
tolerances for cattle, meat (0.60 ppm); cattle, meat byproducts (0.08 
ppm); goat, meat (0.60 ppm); goat, meat byproducts (0.08 ppm); hog, 
meat (0.15 ppm); hog, meat byproducts (0.03 ppm); horse, meat (0.60 
ppm); horse, meat byproducts (0.08 ppm); sheep, meat (0.60 ppm); and 
sheep, meat byproducts (0.08 ppm). As supported by recalculated beef 
and dairy cattle, swine, and poultry dietary burdens, and re-evaluation 
of previously submitted animal feeding studies, these tolerance values 
should be revised to 0.08 ppm; 0.60 ppm; 0.08 ppm; 0.60

[[Page 55273]]

ppm; 0.03 ppm; 0.15 ppm; 0.08 ppm; 0.60 ppm; 0.08 ppm; and 0.60 ppm, 
respectively. This document is being issued to correct the tolerance 
values tolerances levels that were entered incorrectly.

III. Why is this amendment 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 
technical amendment revises a few incorrectly transcribed tolerance 
levels and does not otherwise change the original requirements of the 
final rule. 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 
action?

    This technical amendment revises a number of incorrect tolerance 
levels and does not otherwise change the original requirements of the 
final rule. As a technical amendment, 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 
March 23, 2011 (76 FR 16301) (FRL-8863-8).

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: August 28, 2011.
Lois Rossi,
Director, Registration Division, Office of Pesticide Programs.

    Therefore, 40 CFR part 180 is corrected as follows:

PART 180--[AMENDED]

0
1. The authority citation for part 180 continues to read as follows:

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

0
2. Section 180.639(a)(2) is amended by revising the entries for cattle, 
meat; cattle, meat byproducts; goat, meat; goat, meat byproducts; hog, 
meat; hog, meat byproducts; horse, meat; horse, meat byproducts; sheep, 
meat; and sheep, meat byproducts to read as follows:


Sec.  180.639  Flubendiamide; tolerances for residues.

    (a) * * *
    (2) * * *

------------------------------------------------------------------------
                                                               Parts per
                          Commodity                             million
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                              * * * * * * *
Cattle, meat................................................        0.08
Cattle, meat byproducts.....................................        0.60
 
                              * * * * * * *
Goat, meat..................................................        0.08
Goat, meat byproducts.......................................        0.60
 
                              * * * * * * *
Hog, meat...................................................        0.03
Hog, meat byproducts........................................        0.15
 
                              * * * * * * *
Horse, meat.................................................        0.08
Horse, meat byproducts......................................        0.60
 
                              * * * * * * *
Sheep, meat.................................................        0.08
Sheep, meat byproducts......................................        0.60
 
                              * * * * * * *
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[FR Doc. 2011-22866 Filed 9-6-11; 8:45 am]
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