[Federal Register Volume 89, Number 14 (Monday, January 22, 2024)]
[Rules and Regulations]
[Pages 3891-3892]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-01015]


-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2020-0336; FRL-9525-02-OCSPP]


Methoxyfenozide; Pesticide Tolerances; Correction

AGENCY: Environmental Protection Agency (EPA).

ACTION: Correcting amendment.

-----------------------------------------------------------------------

SUMMARY: EPA issued a final rule in the Federal Register of October 11, 
2022, establishing tolerances for residues of methoxyfenozide in or on 
multiple commodities requested by the Interregional Research Project 
Number 4 (IR-4) under the Federal Food, Drug, and Cosmetic Act (FFDCA). 
That document inadvertently omitted an instruction to add a tolerance 
for the commodity ``bean, mung, dry seed''. This document corrects the 
final regulation.

DATES: Effective on January 22, 2024.

ADDRESSES: The docket for this action, identified by docket 
identification (ID) number EPA-HQ-OPP-2020-0336, is available at 
https://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 and the OPP Docket is (202) 566-1744. Please review the 
visitor instructions and additional information about the docket 
available at https://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: Charles Smith, Director, Registration 
Division (7505T), Office of Pesticide Programs, Environmental 
Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460-
0001; main telephone number: (202) 566-1030; email address: 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Does this action apply to me?

    The Agency included in the October 11, 2022, final rule a list of 
those who may be potentially affected by this action.

II. What does this correction do?

    EPA issued a final rule in the Federal Register of October 11, 2022 
(87 FR 61259) (FRL-9525-01-OCSPP), that established tolerances for 
residues of methoxyfenozide in or on multiple commodities and removed 
tolerances for certain other commodities in response to a petition 
filed by IR-4. EPA inadvertently omitted an instruction directing the 
Federal Register to add an entry to the table in paragraph (a)(1) of 40 
CFR 180.544 for the commodity ``bean, mung, dry seed''. This document 
corrects that omission and adds the commodity ``bean, mung, dry seed'' 
to the table in paragraph (a)(1) of 40 CFR 180.544.

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 correction final 
without prior proposal and opportunity for comment, because EPA 
inadvertently omitted an instruction to the Federal Register to add a 
tolerance for the commodity ``bean, mung, dry seed''. 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 VI. of the October 11, 2022, 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: January 16, 2024.
Charles Smith,
Director, Registration Division, Office of Pesticide Programs.

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

[[Page 3892]]

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.  180.544, amend table 1 to paragraph (a)(1) by adding, in 
alphabetical order, an entry for the commodity ``bean, mung, dry seed'' 
to read as follows:


Sec.  180.544  Methoxyfenozide; tolerances for residues.

    (a) * * *
    (1) * * *

                       Table 1 to Paragraph (a)(1)
------------------------------------------------------------------------
                                                             Parts per
                        Commodity                             million
------------------------------------------------------------------------
 
                                * * * * *
Bean, mung, dry seed....................................             0.5
 
                                * * * * *
------------------------------------------------------------------------

* * * * *
[FR Doc. 2024-01015 Filed 1-19-24; 8:45 am]
BILLING CODE 6560-50-P