Spinetoram; Pesticide Tolerances; Corrections, 52082-52083 [2021-20248]

Download as PDF 52082 Federal Register / Vol. 86, No. 179 / Monday, September 20, 2021 / Rules and Regulations TABLE 1 TO PARAGRAPH (a)(1)— Continued Commodity Parts per million Bean, moth, dry seed ............... Bean, moth, edible podded ...... Bean, moth, succulent shelled Bean, mung, dry seed .............. Bean, mung, edible podded ..... Bean, navy, dry seed ............... Bean, navy, edible podded ....... Bean, pink, dry seed ................ Bean, pinto, dry seed ............... Bean, red, dry seed .................. Bean, rice, dry seed ................. Bean, rice, edible podded ........ Bean, scarlet runner, dry seed Bean, scarlet runner, edible podded .................................. Bean, scarlet runner, succulent shelled ................................... Bean, snap, edible podded ...... Bean, sword, dry seed ............. Bean, sword, edible podded ..... Bean, tepary, dry seed ............. Bean, urd, dry seed .................. Bean, urd, edible podded ......... Bean, wax, edible podded ........ Bean, wax, succulent shelled ... Bean, yardlong, dry seed ......... Bean, yardlong, edible podded Bean, yellow, dry seed ............. Brassica, leafy greens, subgroup 4–16B ......................... Bushberry subgroup 13–07B .... Cabbage ................................... Carrot, roots .............................. Chickpea, dry seed ................... Chickpea, edible podded .......... Chickpea, succulent shelled ..... Cowpea, dry seed .................... Cowpea, edible podded ............ Cowpea, succulent shelled ....... Ginseng .................................... Gram, horse, dry seed ............. Grass pea, dry seed ................. Grass pea, edible podded ........ Jackbean, dry seed .................. Jackbean, edible podded ......... Jackbean, succulent shelled .... Kohlrabi ..................................... Lentil, dry seed ......................... Lentil, edible podded ................ Lentil, succulent shelled ........... Lettuce, head ............................ Lettuce, leaf .............................. Longbean, Chinese, dry seed .. Longbean, Chinese, edible podded .................................. Lupin, Andean, dry seed .......... Lupin, Andean, succulent shelled ................................... Lupin, blue, dry seed ................ Lupin, blue, succulent shelled .. Lupin, grain, dry seed ............... Lupin, grain, succulent shelled Lupin, sweet white, dry seed .... Lupin, sweet white, succulent shelled ................................... Lupin, sweet, dry seed ............. Lupin, sweet, succulent shelled Lupin, white, dry seed .............. Lupin, white, succulent shelled Lupin, yellow, dry seed ............. VerDate Sep<11>2014 15:36 Sep 17, 2021 TABLE 1 TO PARAGRAPH (a)(1)— Continued 0.02 0.1 0.04 0.02 0.1 0.02 0.1 0.02 0.02 0.02 0.02 0.1 0.02 0.1 0.04 0.1 0.02 0.1 0.02 0.02 0.1 0.1 0.04 0.02 0.1 0.02 0.01 7.0 3.0 0.70 0.04 0.15 0.03 0.02 0.1 0.04 4.5 0.02 0.04 0.15 0.02 0.1 0.04 0.01 0.04 0.15 0.03 0.02 2.0 0.02 0.1 0.02 0.04 0.02 0.04 0.02 0.04 0.02 Parts per million Commodity Lupin, yellow, succulent shelled Mayhaw .................................... Onion, bulb, subgroup 3–07A .. Papaya ...................................... Pea, blackeyed, dry seed ......... Pea, blackeyed, succulent shelled ................................... Pea, crowder, dry seed ............ Pea, crowder, succulent shelled Pea, dry, dry seed .................... Pea, dwarf, edible podded ....... Pea, English, succulent shelled Pea, field, dry seed .................. Pea, field, hay ........................... Pea, field, vines ........................ Pea, garden, dry seed .............. Pea, garden, succulent shelled Pea, green, dry seed ................ Pea, green, edible podded ....... Pea, green, succulent shelled .. Pea, pigeon, dry seed .............. Pea, pigeon, edible podded ..... Pea, pigeon, succulent shelled Pea, snap, edible podded ........ Pea, snow, edible podded ........ Pea, southern, dry seed ........... Pea, southern, succulent shelled ................................... Pea, sugar snap, edible podded ........................................ Pea, winged, dry seed .............. Pea, winged, edible podded ..... Peanut ...................................... Pepper/eggplant subgroup 8– 10B ........................................ Soybean, hulls .......................... Soybean, seed .......................... Soybean, vegetable, dry seed .. Soybean, vegetable, edible podded .................................. Soybean, vegetable, succulent shelled ................................... Tea, dried 1 ............................... Tomato subgroup 8–10A .......... Vegetable, brassica, head and stem, group 5–16, except cabbage ................................ Vegetable, cucurbit, group 9 .... Vegetable, tuberous and corm, subgroup 1C ......................... Velvetbean, dry seed ................ Velvetbean, edible podded ....... Velvetbean, succulent shelled .. Yam bean, African, dry seed .... 1 There 0.04 2.0 0.20 3 0.02 * 0.04 0.15 0.02 0.1 0.02 0.09 0.05 0.01 0.02 0.1 0.04 6.0 1.5 0.01 0.07 0.02 0.02 0.1 0.04 0.02 is no U.S. registration as of January * * * [FR Doc. 2021–20254 Filed 9–17–21; 8:45 am] 0.04 0.02 0.04 0.02 0.04 0.02 Jkt 253001 BILLING CODE 6560–50–P PO 00000 40 CFR Part 180 [EPA–HQ–OPP–2019–0526; FRL–8962–01– OCSPP] Spinetoram; Pesticide Tolerances; Corrections Environmental Protection Agency (EPA). AGENCY: 0.04 0.02 0.04 0.04 0.15 0.03 0.04 40 6 0.04 0.03 0.04 0.15 0.03 0.04 0.15 0.03 0.15 0.15 0.02 19, 2017. * ENVIRONMENTAL PROTECTION AGENCY ACTION: Correcting amendment. EPA issued a final rule in the Federal Register of April 7, 2021, establishing tolerances for residues of the insecticide spinetoram 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 instructed the Federal Register to add a tolerance for ‘‘vegetable, leafy, except Brassica, group 4’’ and to remove a tolerance for ‘‘vegetable, leafy, group 4–16’’. This document corrects the final regulation. SUMMARY: DATES: Effective on September 20, 2021. The docket for this action, identified by docket identification (ID) number EPA–HQ–OPP–2019–0526, 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 is (202) 566–1744, and the telephone number for the OPP Docket is (703) 305–5805. Due to the public health emergency, 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. ADDRESSES: 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; main telephone number: (703) 305– 7090; email address: RDFRNotices@ epa.gov. SUPPLEMENTARY INFORMATION: Frm 00012 Fmt 4700 Sfmt 4700 E:\FR\FM\20SER1.SGM 20SER1 52083 Federal Register / Vol. 86, No. 179 / Monday, September 20, 2021 / Rules and Regulations I. Does this action apply to me? The Agency included in the April 7, 2021 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 April 7, 2021 (86 FR 17907) (FRL–10020–24) that established tolerances for residues of spinetoram in or on multiple commodities and removed some tolerances in response to a petition filed by IR–4. EPA inadvertently reversed the instructions to the Federal Register regarding the entries for ‘‘vegetable, leafy, except Brassica, group 4’’ and ‘‘vegetable, leafy, group 4–16’’ in the tolerance table in paragraph (a) of 40 CFR 180.635. The instructions inadvertently directed the Federal Register to add an entry in the table for ‘‘vegetable, leafy, except Brassica, group 4’’. The instructions should have directed the Federal Register to remove that entry from the table, as described in Unit V. of the April 7, 2021 final rule and as reflected in the amended table in the regulatory text of the final rule. Additionally, the instructions inadvertently directed the Federal Register to remove the entry in the table for ‘‘vegetable, leafy, group 4– 16’’. The instructions should have directed the Federal Register to add that entry to the table, as described in Unit V. of the April 7, 2021 final rule and as reflected in the amended table in the regulatory text of the final rule. EPA’s instructions in the April 7, 2021 final rule regarding tolerances for ‘‘vegetable, leafy, except Brassica, group 4’’ and ‘‘vegetable, leafy, group 4–16’’ were not consistent with its authority under FFDCA section 408(d)(4)(A) or with the preamble or regulatory text of the April 7, 2021 final rule. Therefore, EPA is rescinding those instructions and directing the Federal Register to remove the entry for ‘‘vegetable, leafy, except Brassica, group 4’’ and add an entry for ‘‘vegetable, leafy, group 4–16’’ in the tolerance table in paragraph (a) of 40 CFR 180.635. 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 correcting amendments final without prior proposal and VerDate Sep<11>2014 15:36 Sep 17, 2021 Jkt 253001 opportunity for comment, because EPA inadvertently reversed the instructions to the Federal Register so that the new tolerance for ‘‘vegetable, leafy, group 4– 16’’ was not established and the existing tolerance for ‘‘vegetable, leafy, except Brassica, group 4’’ was not removed. 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 7, 2021 final rule. 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 13, 2021. Marietta Echeverria, Acting Director, Registration Division, Office of Pesticide Programs. Therefore, for the reasons stated in the preamble, EPA corrects 40 CFR part 180 by making the following correcting amendments: PART 180—TOLERANCES AND EXEMPTIONS FOR PESTICIDE CHEMICAL RESIDUES IN FOOD 1. The authority citation for part 180 continues to read as follows: ■ Authority: 21 U.S.C. 321(q), 346a and 371. 2. In § 180.635, amend Table 1 to Paragraph (a) as follows: ■ a. Remove the entry for ‘‘Vegetable, leafy, except Brassica, group 4’’; and ■ b. Add alphabetically an entry for ‘‘Vegetable, leafy, group 4–16’’. The addition reads as follows: ■ § 180.635 Spinetoram; tolerances for residues. PO 00000 Frm 00013 Fmt 4700 Sfmt 4700 Parts per million Commodity * * * * Vegetable, leafy, group 4–16 ..... * * * * * * * * * 10 * * [FR Doc. 2021–20248 Filed 9–17–21; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 180 V. Congressional Review Act (a) * * * TABLE 1 TO PARAGRAPH (a) [EPA–HQ–OPP–2020–0227; FRL–8857–01– OCSPP] Pyraclostrobin; Pesticide Tolerances Environmental Protection Agency (EPA). ACTION: Final rule. AGENCY: This regulation establishes tolerances for residues of pyraclostrobin in or on pomegranate. Interregional Research Project Number 4 (IR–4) requested these tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA). DATES: This regulation is effective September 20, 2021. Objections and requests for hearings must be received on or before November 19, 2021, 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–2020–0227, 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 is (202) 566–1744, and the telephone number for the OPP Docket is (703) 305–5805. Due to the public health emergency, the EPA Docket Center (EPA/DC) and Reading Room was closed to public visitors on March 31, 2020. Our EPA/DC staff will continue to provide customer service via email, phone, and webform. For further information on EPA/DC services, docket contact information and the current status of the EPA/DC and SUMMARY: E:\FR\FM\20SER1.SGM 20SER1

Agencies

[Federal Register Volume 86, Number 179 (Monday, September 20, 2021)]
[Rules and Regulations]
[Pages 52082-52083]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-20248]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2019-0526; FRL-8962-01-OCSPP]


Spinetoram; Pesticide Tolerances; Corrections

AGENCY: Environmental Protection Agency (EPA).

ACTION: Correcting amendment.

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

SUMMARY: EPA issued a final rule in the Federal Register of April 7, 
2021, establishing tolerances for residues of the insecticide 
spinetoram 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 instructed the 
Federal Register to add a tolerance for ``vegetable, leafy, except 
Brassica, group 4'' and to remove a tolerance for ``vegetable, leafy, 
group 4-16''. This document corrects the final regulation.

DATES: Effective on September 20, 2021.

ADDRESSES: The docket for this action, identified by docket 
identification (ID) number EPA-HQ-OPP-2019-0526, 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 is (202) 566-1744, and the telephone number for the OPP 
Docket is (703) 305-5805.
    Due to the public health emergency, 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; main telephone number: (703) 305-7090; email address: 
[email protected].

SUPPLEMENTARY INFORMATION:

[[Page 52083]]

I. Does this action apply to me?

    The Agency included in the April 7, 2021 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 April 7, 2021 
(86 FR 17907) (FRL-10020-24) that established tolerances for residues 
of spinetoram in or on multiple commodities and removed some tolerances 
in response to a petition filed by IR-4. EPA inadvertently reversed the 
instructions to the Federal Register regarding the entries for 
``vegetable, leafy, except Brassica, group 4'' and ``vegetable, leafy, 
group 4-16'' in the tolerance table in paragraph (a) of 40 CFR 180.635. 
The instructions inadvertently directed the Federal Register to add an 
entry in the table for ``vegetable, leafy, except Brassica, group 4''. 
The instructions should have directed the Federal Register to remove 
that entry from the table, as described in Unit V. of the April 7, 2021 
final rule and as reflected in the amended table in the regulatory text 
of the final rule. Additionally, the instructions inadvertently 
directed the Federal Register to remove the entry in the table for 
``vegetable, leafy, group 4-16''. The instructions should have directed 
the Federal Register to add that entry to the table, as described in 
Unit V. of the April 7, 2021 final rule and as reflected in the amended 
table in the regulatory text of the final rule.
    EPA's instructions in the April 7, 2021 final rule regarding 
tolerances for ``vegetable, leafy, except Brassica, group 4'' and 
``vegetable, leafy, group 4-16'' were not consistent with its authority 
under FFDCA section 408(d)(4)(A) or with the preamble or regulatory 
text of the April 7, 2021 final rule. Therefore, EPA is rescinding 
those instructions and directing the Federal Register to remove the 
entry for ``vegetable, leafy, except Brassica, group 4'' and add an 
entry for ``vegetable, leafy, group 4-16'' in the tolerance table in 
paragraph (a) of 40 CFR 180.635.

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 correcting 
amendments final without prior proposal and opportunity for comment, 
because EPA inadvertently reversed the instructions to the Federal 
Register so that the new tolerance for ``vegetable, leafy, group 4-16'' 
was not established and the existing tolerance for ``vegetable, leafy, 
except Brassica, group 4'' was not removed. 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 7, 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 13, 2021.
Marietta Echeverria,
Acting Director, Registration Division, Office of Pesticide Programs.

    Therefore, for the reasons stated in the preamble, EPA corrects 40 
CFR part 180 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. In Sec.  180.635, amend Table 1 to Paragraph (a) as follows:
0
a. Remove the entry for ``Vegetable, leafy, except Brassica, group 4''; 
and
0
b. Add alphabetically an entry for ``Vegetable, leafy, group 4-16''.
    The addition reads as follows:


Sec.  180.635  Spinetoram; tolerances for residues.

    (a) * * *

                        Table 1 to Paragraph (a)
------------------------------------------------------------------------
                                                               Parts per
                          Commodity                             million
------------------------------------------------------------------------
 
                                * * * * *
Vegetable, leafy, group 4-16................................          10
 
                                * * * * *
------------------------------------------------------------------------

* * * * *
[FR Doc. 2021-20248 Filed 9-17-21; 8:45 am]
BILLING CODE 6560-50-P
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