[Federal Register Volume 88, Number 160 (Monday, August 21, 2023)]
[Rules and Regulations]
[Pages 56772-56773]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-17800]



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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2017-0128; FRL-10840-02-OCSPP]
RIN 2070-ZA16


Pesticide Tolerances; Implementing Registration Review Decisions 
for Certain Pesticides; Aluminum tris (O-ethylphosphonate), Carbon 
disulfide, et al.; Technical Correction

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule; technical correction.

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SUMMARY: EPA issued a final rule in the Federal Register of July 19, 
2023, finalizing several tolerance actions under the Federal Food, 
Drug, and Cosmetic Act (FFDCA) that the Agency determined were 
necessary or appropriate during the registration review conducted under 
the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). That 
document inadvertently instructed the Federal Register to designate a 
tolerance for ginseng as time-limited, with an expiration date, but 
used an incorrect footnote number and neglected to include the 
expiration date. Elsewhere, an instruction to redesignate a paragraph 
was not clearly stated. This technical correction to the final rule 
will address these errors.

DATES: This final rule correction is effective August 21, 2023.

ADDRESSES: The docket for this action, identified by docket 
identification (ID) number EPA-HQ-OPP-2017-0128, is available online at 
https://www.regulations.gov or in person 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. Additional instructions for visiting the docket, along with 
more information about dockets generally, is available at https://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: Christina Scheltema, Pesticide Re-
Evaluation Division (7508M), Office of Pesticide Programs, 
Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington, 
DC 20460-0001; telephone number: (202) 566-2272; email address: 
[email protected].

SUPPLEMENTARY INFORMATION: 

I. Does this action apply to me?

    The Agency included in the July 19, 2023, final rule a list of 
those who may be potentially affected by this action.

II. What do these corrections do?

    EPA issued a final rule in the Federal Register of July 19, 2023 
(88 FR 40677) (FRL-10840-01-OCSPP) that finalized several tolerance 
actions identified during the registration review of several pesticide 
chemicals. This technical correction addresses inadvertent 
typographical errors related to the redesignations of a paragraph and 
subparagraph in 40 CFR 180.414 (d) and the numbering of a footnote and 
omission of footnote text for a tolerance for Ginseng in 40 CFR 
180.415. Specifically, the regulatory text published in the July 
19,2023 final rule inadvertently omitted the designation of paragraph 
(d)(1) in 40 CFR 180.414, and incorrectly numbered the footnote for the 
tolerance for Ginseng and omitted the footnote text in 40 CFR 180.415.

III. Why are these corrections 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 these corrections final 
without prior proposal and opportunity for comment, because EPA 
inadvertently omitted instructions to the Federal Register to 
redesignate 40 CFR 180.414 paragraph (d) as paragraph (d)(1); and 
incorrectly instructed the Federal Register to add footnote number 1 to 
the tolerance for Ginseng in 40 CFR 180.415 rather than correctly 
numbering it as footnote number 2. The Agency neglected to provide the 
text for the body of the footnote. Because these are corrections of 
typographical errors in the regulatory text of a final tolerance rule 
and because the correct information was contained in the rule preamble, 
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 review apply to this 
action?

    No. For a detailed discussion concerning the statutory and 
executive order review refer to Unit V. of the July 19, 2023, 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: August 14, 2023.
Edward Messina,
Director, Office of Pesticide Programs.

    Therefore, for the reasons stated in the preamble, 40 CFR part 180 
is corrected by making the following correcting amendments:

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. Amend Sec.  180.414 by:
0
a. Redesignating the text of paragraph (d) introductory text as 
paragraph (d)(1) introductory text;
0
b. Revising newly designated paragraph (d)(1) introductory text;
0
c. Adding a heading to the table in newly designated paragraph (d)(1); 
and
0
d. Adding paragraph (d)(2).
    The revision and additions read as follows.


Sec.  180.414  Cyromazine; tolerances for residues.

* * * * *
    (d) * * *
    (1) Tolerances are established for indirect or inadvertent residues 
of the insecticide cyromazine, including its metabolites and 
degradates, in or on the commodities in table 1 to this paragraph 
(d)(1) when present therein as a result of the application of 
cyromazine to growing crops listed in paragraph (a)(1) of this section. 
Compliance with the tolerance levels specified in this paragraph (d)(1) 
is to be determined by measuring only cyromazine, N-cyclopropyl-1,3,5-
triazine-2,4,6-triamine, in or on the commodity.

Table 2 to Paragraph (d)(1)

* * * * *
    (2) Tolerances are established for indirect or inadvertent residues 
of the

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insecticide cyromazine, including its metabolites and degradates, in or 
on the commodities in the table 3 to this paragraph (d)(2) when present 
therein as a result of the application of poultry manure-based 
fertilizer containing cyromazine to soil in which the crops identified 
in this section are grown. Compliance with the tolerance levels 
specified in this paragraph (d)(2) is to be determined by measuring 
only cyromazine, N-cyclopropyl-1,3,5-triazine-2,4,6-triamine, in or on 
the commodity.

                       Table 3 to Paragraph (d)(2)
------------------------------------------------------------------------
                                                            Parts per
                       Commodity                             million
------------------------------------------------------------------------
Grain, cereal, forage, fodder and straw, group 16.....               0.6
Grain, cereal, group 15...............................               0.6
Herbs and spices, group 19............................               0.6
Oilseed, group 20.....................................               0.6
Onion, bulb, subgroup 3-07A...........................               0.6
Strawberry............................................               0.6
Vegetable, foliage of legume, group 7.................               0.6
Vegetable, fruiting, group 8-10.......................               0.6
Vegetable, leaves of root and tuber, group 2..........               0.6
Vegetable, legume, group 6............................               0.6
Vegetable, root and tuber, group 1....................               0.6
------------------------------------------------------------------------

0
3. In Sec.  180.415, amend table 1 to paragraph (a) by:
0
a. Removing the entry ``Ginseng \1\'' and adding in its place the entry 
``Ginseng \2\''; and
0
b. Redesignating the second footnote 1 as footnote 2.
    The addition reads as follows:


Sec.  180.415  Aluminum tris (O-ethylphosphonate); tolerances for 
residues.

* * * * *

                        Table 1 to Paragraph (a)
------------------------------------------------------------------------
                                                            Parts per
                       Commodity                             million
------------------------------------------------------------------------
 
                              * * * * * * *
Ginseng \2\...........................................               0.1
 
                              * * * * * * *
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\2\ This tolerance expires on January 19, 2024.

* * * * *
[FR Doc. 2023-17800 Filed 8-18-23; 8:45 am]
BILLING CODE 6560-50-P