[Federal Register Volume 86, Number 185 (Tuesday, September 28, 2021)]
[Rules and Regulations]
[Pages 53557-53558]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-20357]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 180
[EPA-HQ-OPP-2019-0385; FRL-8400-02-OCSPP]
Metaflumizone; Pesticide Tolerances; Technical Correction
AGENCY: Environmental Protection Agency (EPA).
ACTION: Correcting amendment.
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SUMMARY: EPA issued a final rule in the Federal Register of April 19,
2021, establishing tolerances for residues of the insecticide
metaflumizone in or on multiple commodities requested by BASF
Corporation under the Federal Food, Drug, and Cosmetic Act (FFDCA).
That document inadvertently requested removal of tolerances for the
crop group fruit, stone, group 12-12. This document corrects the final
regulation.
DATES: This correction is effective September 28, 2021.
[[Page 53558]]
ADDRESSES: The docket for this action, identified by docket
identification (ID) number EPA-HQ-OPP-2019-0385, is available at http://www.regulations.gov or at the Office of Pesticide Programs Regulatory
Public Docket (OPP Docket) in the Environmental Protection Agency
Docket Center (EPA/DC), West William Jefferson Clinton Bldg., 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.
Due to the public health concerns related to COVID-19, the EPA
Docket Center (EPA/DC) and Reading Room is closed to visitors with
limited exceptions. The staff continues to provide remote customer
service via email, phone, and webform. For the latest status
information on EPA/DC services and docket access, visit https://www.epa.gov/dockets.
FOR FURTHER INFORMATION CONTACT: Marietta Echeverria, Acting Director,
Registration Division (7505P), Office of Pesticide Programs,
Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington,
DC 20460-0001; telephone number: (703) 305-7090; email address:
[email protected].
SUPPLEMENTARY INFORMATION:
I. Does this action apply to me?
The Agency included in the April 19, 2021 final rule a list of
those who may be potentially affected by this action.
II. What does this technical correction do?
EPA issued a final rule in the Federal Register of April 19, 2021
(86 FR 20290) (FRL-10018-60) that established tolerances for residues
of the insecticide metaflumizone in or on multiple commodities. While
establishing tolerances in response to a petition requesting these
tolerances, EPA included erroneous language in its instructions to the
Federal Register, by directing the removal of the existing tolerance
established in Sec. 180.657 for ``Fruit, stone, group 12-12''. Instead
of instructing the Federal Register to Remove the entries for ``Fruit,
citrus, group 10-10''; ``Fruit, pome, group 11-10''; and ``Fruit,
stone, group 12-12'' the instructions should have only directed the
removal of entries for ``Fruit, citrus, group 10-10'' and ``Fruit,
pome, group 11-10''. EPA's instructions to remove the tolerances for
``Fruit, stone, group 12-12'' were not consistent with its authority
under FFDCA section 408(d)(4)(A). Therefore, EPA is rescinding its
instruction to remove ``Fruit, stone, group 12-12'' and reinstating the
tolerance level at 0.04 parts per million.
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 EPA inadvertently deleted the existing tolerance established
for ``Fruit, stone, group 12-12''. 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?
No. For a detailed discussion concerning the statutory and
Executive order review, refer to Unit VI. of the April 19, 2021 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
the rule in the Federal Register. This action 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 14, 2021.
Marietta Echeverria,
Acting Director, Registration Division, Office of Pesticide Programs.
Therefore, for the reasons stated in the preamble, EPA is
correcting 40 CFR part 180 as follows:
PART 180--TOLERANCES AND EXEMPTIONS FOR PESTICIDE CHEMICAL RESIDUES
IN FOOD
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. In Sec. 180.657, amend the table in paragraph (a)(1) by adding in
alphabetical order the entry ``Fruit, stone, group 12-12'' to read as
follows:
Sec. 180.657 Metaflumizone; tolerances for residues.
(a) * * *
(1) * * *
Table 1 to Paragraph (a)(1)
------------------------------------------------------------------------
Parts per
Commodity million
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* * * * *
Fruit, stone, group 12-12............................... 0.04
* * * * *
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* * * * *
[FR Doc. 2021-20357 Filed 9-27-21; 8:45 am]
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