Chlorantraniliprole; Pesticide Tolerances, Technical Correction, 75560-75561 [2012-30850]

Download as PDF 75560 Federal Register / Vol. 77, No. 246 / Friday, December 21, 2012 / Rules and Regulations enforcement period, no person or vessel may enter the safety zone without permission of the Captain of the Port. DATES: The regulation for the safety zone described in 33 CFR 165.160 will be enforced on the date and time listed in the table below. If you have questions on this notice, call or email Lieutenant Junior Grade Kristopher Kesting, Coast Guard; telephone 718–354–4154, email Kristopher.R.Kesting@uscg.mil. FOR FURTHER INFORMATION CONTACT: The Coast Guard will enforce the safety zone listed in 33 CFR 165.160 on the specified date and time as indicated in Table 1 below. This regulation was published in the Federal Register on November 9, 2011 (76 FR 69614). SUPPLEMENTARY INFORMATION: TABLE 1 1. Circle Line NYE Fireworks, Liberty Island Safety Zone, 33 CFR 165.160(2.1). Under the provisions of 33 CFR 165.160, a vessel may not enter the regulated area unless given express permission from the Captain of the Port (COTP) or the designated representative. Spectator vessels may transit outside the regulated area but may not anchor, block, loiter in, or impede the transit of other vessels. The Coast Guard may be assisted by other Federal, State, or local law enforcement agencies in enforcing this regulation. This notice is issued under authority of 33 CFR 165.160(a) and 5 U.S.C. 552(a). In addition to this notice in the Federal Register, the Coast Guard will provide mariners with advanced notification of enforcement periods via the Local Notice to Mariners and marine information broadcasts. If the COTP determines that the regulated area need not be enforced for the full duration stated in this notice, a Broadcast Notice to Mariners may be used to grant general permission to enter the regulated area. Dated: December 7, 2012. G.P. Hitchen, Captain, U.S. Coast Guard Acting Captain of the Port New York. [FR Doc. 2012–30761 Filed 12–20–12; 8:45 am] BILLING CODE 9110–04–P ENVIRONMENTAL PROTECTION AGENCY [EPA–HQ–OPP–2012–0029; FRL–9367–6] Chlorantraniliprole; Pesticide Tolerances, Technical Correction Environmental Protection Agency (EPA). ACTION: Final rule; technical correction. mstockstill on DSK4VPTVN1PROD with AGENCY: EPA issued a final rule in the Federal Register of October 3, 2012, concerning the establishment of tolerances for the insecticide chlorantraniliprole on multiple VerDate Mar<15>2010 16:08 Dec 20, 2012 Jkt 229001 commodities. This document corrects inadvertent errors and omissions. The corrections are further discussed in Unit II. DATES: This technical correction is effective December 21, 2012. ADDRESSES: The docket for this action, identified by docket identification (ID) number EPA–HQ–OPP–2012–0029, 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), EPA West 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. Please review the visitor instructions and additional information about the docket available at https://www.epa.gov/dockets. FOR FURTHER INFORMATION CONTACT: Jennifer Urbanski, Registration Division, (7505P), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460–0001; telephone number: (703) 347–0156; email address: urbanski.jennifer@epa.gov. 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. 40 CFR Part 180 SUMMARY: • Launch site: A barge located in approximate position 40°41′16.5″ N, 074°02′23″ W (NAD 1983) located in Federal Anchorage 20–C, about 360 yards east of Liberty Island. • Date: December 31, 2012–January 1, 2013. • Time: 11:30 p.m.–12:40 a.m. II. What does this technical correction do? EPA issued a final rule in the Federal Register on October 3, 2012, establishing tolerances for residues of the insecticide chlorantraniliprole in or on multiple commodities. (77 FR 60311). That rule incorrectly established tolerances for ‘‘Rapeseed subgroup 20B’’ and ‘‘Sunflower subgroup 20C.’’ Under PO 00000 Frm 00052 Fmt 4700 Sfmt 4700 EPA’s crop group regulation there are no such crop groups or subgroups. Rather, as correctly indicated several times in the preamble to the rule, including in the description of the action being taken by the Agency and the amendatory instruction for § 180.628, the correct regulatory crop subgroup designation is ‘‘Rapeseed subgroup 20A’’ and ‘‘Sunflower subgroup 20B.’’ The rule also incorrectly established the tolerance level for the Sunflower subgroup as 0.3 parts per million (ppm) instead of 2.0 ppm, as indicated in the preamble. Both the correct crop subgroup names and the 2.0 tolerance level for the Sunflower subgroup tolerance were included in the publication of the notice of the petition. (77 FR 20344, April 4, 2012). The October 3, 2012 rule also incorrectly established tolerances for ‘‘Vegetable, foliage of legume, group 7, forage’’ and ‘‘Vegetable, foliage of legume, group 7, hay’’. Under EPA’s crop group regulation there are no such crop groups. Rather, there is only a crop group for ‘‘Vegetable, foliage of legume, group 7.’’ The petition correctly requested a tolerance for ‘‘Vegetable, foliage of legume, group 7.’’ Therefore, this correction is replacing those two incorrect crop group designations and tolerances with ‘‘Vegetable, foliage of legume, group 7’’ at a tolerance of 90 ppm. In addition, despite indicating that EPA was granting the petitioner’s request for the revocation of existing tolerances made redundant by the establishment of crop group tolerances, EPA failed to remove from § 180.628 the tolerances for cotton, undelinted seed, and lunaria, seed, even though tolerances for Cottonseed subgroup 20C and Rapeseed subgroup 20A, which cover cotton, undelinted seed and lunaria seed were granted. Therefore, EPA is revoking the tolerances for cotton, undelinted seed, and lunaria, seed, to address these redundancies. E:\FR\FM\21DER1.SGM 21DER1 Federal Register / Vol. 77, No. 246 / Friday, December 21, 2012 / Rules and Regulations 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 this action merely corrects erroneous crop group names and an erroneous tolerance level that were due to an inadvertent error. Both the correct crop group names and tolerance level received prominent notice in the published notice of the petition and in EPA’s preamble to the final rule. EPA finds that this constitutes good cause under 5 U.S.C. 553(b)(3)(B). Rapeseed subgroup 20B; Sunflower subgroup 20C; Vegetable, foliage of legume, group 7, forage; and Vegetable, foliage of legume, group 7, hay. ■ ii. Add alphabetically entries for Rapeseed subgroup 20A; Sunflower subgroup 20B; and Vegetable, foliage of legume, group 7. The added entries read as follows: 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 reviews, refer to Unit VI. of the October 3, 2007 final rule. Vegetable, foliage of legume, group 7 ................... 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: December 12, 2012. Lois Rossi, Director, Registration Division, Office of Pesticide Programs. Therefore, 40 CFR part 180 is corrected as follows: PART 180—[AMENDED] 1. The authority citation for part 180 continues to read as follows: ■ mstockstill on DSK4VPTVN1PROD with 75561 Authority: 21 U.S.C. 321(q), 346a and 371. 2. In Section 180.628, the table to paragraph (a) is amended as follows: ■ i. Remove the entries for Cotton, undelinted seed; Lunaria, seed; ■ VerDate Mar<15>2010 16:08 Dec 20, 2012 Jkt 229001 or at the Office of Pesticide Programs Regulatory Public Docket (OPP Docket) in the Environmental Protection Agency Docket Center (EPA/DC), EPA West 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 § 180.628 Chlorantraniliprole; tolerances Reading Room is (202) 566–1744, and for residues. the telephone number for the OPP (a) General. * * * Docket is (703) 305–5805. Please review the visitor instructions and additional Parts per Commodity information about the docket available million at https://www.epa.gov/dockets. FOR FURTHER INFORMATION CONTACT: * * * * * Laura Nollen, Registration Division (7505P), Office of Pesticide Programs, Rapeseed subgroup 20A .... 2.0 Environmental Protection Agency, 1200 Pennsylvania Ave. NW., Washington, * * * * * DC 20460–0001; telephone number: Sunflower subgroup 20B .... 2.0 (703) 305–7390; email address: nollen.laura@epa.gov. * * * * * SUPPLEMENTARY INFORMATION: * * * * * * * I. General Information 90 * * * [FR Doc. 2012–30850 Filed 12–20–12; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 180 [EPA–HQ–OPP–2012–0010; FRL–9372–4] Quinclorac; Pesticide Tolerances Environmental Protection Agency (EPA). ACTION: Final rule. AGENCY: This regulation establishes tolerances for residues of quinclorac in or on berry, low growing, except strawberry, subgroup 13–07 H and rhubarb. Interregional Research Project Number 4 (IR–4) requested these tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA). DATES: This regulation is effective December 21, 2012. Objections and requests for hearings must be received on or before February 19, 2013, and must be filed in accordance with the instructions provided in 40 CFR part 178 (see also Unit I.C. of the SUPPLEMENTARY INFORMATION). ADDRESSES: The docket for this action, identified by docket identification (ID) number EPA–HQ–OPP–2012–0010, is available at https://www.regulations.gov SUMMARY: PO 00000 Frm 00053 Fmt 4700 Sfmt 4700 A. Does this action apply to me? You may be potentially affected by this action if you are an agricultural producer, food manufacturer, or pesticide manufacturer. The following list of North American Industrial Classification System (NAICS) codes is not intended to be exhaustive, but rather provides a guide to help readers determine whether this document applies to them. Potentially affected entities may include: • Crop production (NAICS code 111). • Animal production (NAICS code 112). • Food manufacturing (NAICS code 311). • Pesticide manufacturing (NAICS code 32532). B. How can I get electronic access to other related information? You may access a frequently updated electronic version of EPA’s tolerance regulations at 40 CFR part 180 through the Government Printing Office’s e-CFR site at https://ecfr.gpoaccess.gov/cgi/t/ text/text-idx?&c=ecfr&tpl=/ecfrbrowse/ Title40/40tab_02.tpl. C. How can I file an objection or hearing request? Under FFDCA section 408(g), 21 U.S.C. 346a, any person may file an objection to any aspect of this regulation and may also request a hearing on those objections. You must file your objection or request a hearing on this regulation in accordance with the instructions provided in 40 CFR part 178. To ensure proper receipt by EPA, you must E:\FR\FM\21DER1.SGM 21DER1

Agencies

ENVIRONMENTAL PROTECTION AGENCY

[Federal Register Volume 77, Number 246 (Friday, December 21, 2012)]
[Rules and Regulations]
[Pages 75560-75561]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-30850]


=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2012-0029; FRL-9367-6]


Chlorantraniliprole; Pesticide Tolerances, Technical Correction

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule; technical correction.

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

SUMMARY: EPA issued a final rule in the Federal Register of October 3, 
2012, concerning the establishment of tolerances for the insecticide 
chlorantraniliprole on multiple commodities. This document corrects 
inadvertent errors and omissions. The corrections are further discussed 
in Unit II.

DATES: This technical correction is effective December 21, 2012.

ADDRESSES: The docket for this action, identified by docket 
identification (ID) number EPA-HQ-OPP-2012-0029, 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), EPA West 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. Please review the visitor instructions and additional information 
about the docket available at https://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: Jennifer Urbanski, Registration 
Division, (7505P), Office of Pesticide Programs, Environmental 
Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460-
0001; telephone number: (703) 347-0156; email address: 
urbanski.jennifer@epa.gov.

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.

II. What does this technical correction do?

    EPA issued a final rule in the Federal Register on October 3, 2012, 
establishing tolerances for residues of the insecticide 
chlorantraniliprole in or on multiple commodities. (77 FR 60311). That 
rule incorrectly established tolerances for ``Rapeseed subgroup 20B'' 
and ``Sunflower subgroup 20C.'' Under EPA's crop group regulation there 
are no such crop groups or subgroups. Rather, as correctly indicated 
several times in the preamble to the rule, including in the description 
of the action being taken by the Agency and the amendatory instruction 
for Sec.  180.628, the correct regulatory crop subgroup designation is 
``Rapeseed subgroup 20A'' and ``Sunflower subgroup 20B.'' The rule also 
incorrectly established the tolerance level for the Sunflower subgroup 
as 0.3 parts per million (ppm) instead of 2.0 ppm, as indicated in the 
preamble. Both the correct crop subgroup names and the 2.0 tolerance 
level for the Sunflower subgroup tolerance were included in the 
publication of the notice of the petition. (77 FR 20344, April 4, 
2012). The October 3, 2012 rule also incorrectly established tolerances 
for ``Vegetable, foliage of legume, group 7, forage'' and ``Vegetable, 
foliage of legume, group 7, hay''. Under EPA's crop group regulation 
there are no such crop groups. Rather, there is only a crop group for 
``Vegetable, foliage of legume, group 7.'' The petition correctly 
requested a tolerance for ``Vegetable, foliage of legume, group 7.'' 
Therefore, this correction is replacing those two incorrect crop group 
designations and tolerances with ``Vegetable, foliage of legume, group 
7'' at a tolerance of 90 ppm.
    In addition, despite indicating that EPA was granting the 
petitioner's request for the revocation of existing tolerances made 
redundant by the establishment of crop group tolerances, EPA failed to 
remove from Sec.  180.628 the tolerances for cotton, undelinted seed, 
and lunaria, seed, even though tolerances for Cottonseed subgroup 20C 
and Rapeseed subgroup 20A, which cover cotton, undelinted seed and 
lunaria seed were granted. Therefore, EPA is revoking the tolerances 
for cotton, undelinted seed, and lunaria, seed, to address these 
redundancies.

[[Page 75561]]

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 this action merely corrects erroneous crop group names and an 
erroneous tolerance level that were due to an inadvertent error. Both 
the correct crop group names and tolerance level received prominent 
notice in the published notice of the petition and in EPA's preamble to 
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?

    No. For a detailed discussion concerning the statutory and 
executive order reviews, refer to Unit VI. of the October 3, 2007 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: December 12, 2012.
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. In Section 180.628, the table to paragraph (a) is amended as 
follows:
0
i. Remove the entries for Cotton, undelinted seed; Lunaria, seed; 
Rapeseed subgroup 20B; Sunflower subgroup 20C; Vegetable, foliage of 
legume, group 7, forage; and Vegetable, foliage of legume, group 7, 
hay.
0
ii. Add alphabetically entries for Rapeseed subgroup 20A; Sunflower 
subgroup 20B; and Vegetable, foliage of legume, group 7.
    The added entries read as follows:


Sec.  180.628  Chlorantraniliprole; tolerances for residues.

    (a) General. * * *

------------------------------------------------------------------------
                                                            Parts per
                       Commodity                             million
------------------------------------------------------------------------
 
                                * * * * *
Rapeseed subgroup 20A..................................              2.0
 
                                * * * * *
Sunflower subgroup 20B.................................              2.0
 
                                * * * * *
Vegetable, foliage of legume, group 7..................             90
 
                                * * * * *
------------------------------------------------------------------------

* * * * *
[FR Doc. 2012-30850 Filed 12-20-12; 8:45 am]
BILLING CODE 6560-50-P

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