Thiabendazole; Pesticide Tolerances; Technical Correction, 3937-3938 [2022-01487]

Download as PDF khammond on DSKJM1Z7X2PROD with RULES Federal Register / Vol. 87, No. 17 / Wednesday, January 26, 2022 / Rules and Regulations remain as RACT requirements. See also § 52.2063(c)(213)(i)(B)(2) and (c)(173)(i)(B)(2), for prior RACT approvals. (18) Specialty Tires of America, Indiana Plant—Incorporating by reference Permit No. 32–00065, effective January 16, 2019, as redacted by Pennsylvania, which supersedes Permit No. 32–000–065, effective January 1, 2000 except for short term VOC limits for Source 103 and short and annual limits for Sources 101, 102, and 104 in Condition 5, which remain as RACT. See also § 52.2020(d)(1), for prior RACT approval. (19) Standard Steel LLC— Incorporating by reference Permit No. 44–05001, effective August 16, 2019, as redacted by Pennsylvania, which supersedes the prior RACT Permit No. 44–2001, effective May 31, 1995, except for Conditions 4, 5 (as it applies to the three continuous conveyors Nos. AFM 8138, AFM 8139, and AFM 8139 [Source IDs 201, 201B, and 201C] only), 6, 7, 9, 10, 11, 12, 13, 14, 16 (as it applies to 7465 150 HP Boiler 7466 500 HP Boiler, and 7467 300 HP Boiler [Source IDs 032, 037, and 038] only). See also § 52.2020(d)(1), for prior RACT approval. (20) Tennessee Gas Pipeline Co., Mercer Station 219—Incorporating by reference Permit No. 43–00272, effective January 2, 2019, as redacted by Pennsylvania. Previously incorporated Permit No. 43–0272, effective April 7, 1999, remains as RACT, except for Condition 3 requirements for retarding ignition timing of the six 1100 bhp Cooper-Bessemer GMV–10TF engines (Sources 131, 132, 133, 134, 135, and 136) and five 1350 bhp CooperBessemer GMV10 engines (Sources 139, 140, 141, 142, and 143) and Condition 5 pound per hour limits for the six 1100 bhp Cooper-Bessemer GMV–10TF engines (Sources 131, 132, 133, 134, 135, and 136), two 1350 bhp CooperBessemer GMV 10TFS engines (Sources 137 and 138), and five 1350 bhp CooperBessemer GMV10 engines (Sources 139, 140, 141, 142, and 143), which are superseded. See also § 52.2063(c)(218)(i)(B)(2), for prior RACT approval. (21) Truck Accessories Group Milton Plant—Incorporating by reference Permit No. 49–00020, effective January 14, 2020, as redacted by Pennsylvania, in addition to the prior RACT Permit No. 54–0041, Permit No. OP–49–0005, effective March 26, 1999, which also remains as RACT. See also § 52.2020(d)(1), for prior RACT approval. (22) United Refining Co— Incorporating by reference Permit No. VerDate Sep<11>2014 15:49 Jan 25, 2022 Jkt 256001 62–00017, effective February 6, 2020, as redacted by Pennsylvania. All permit conditions in the prior RACT Permit No. OP–62–017, effective November 14, 1996, remain as RACT requirements. See also § 52.2020(d)(1), for prior RACT approval. (23) Wheatland Tube Company— Incorporating by reference Permit No. 43–00182, issued June 9, 2015, revised and effective March 26, 2019, as redacted by Pennsylvania. All permit conditions in the prior RACT Permit No. 43–182, issued July 26, 1995, remain as RACT requirements. See also § 52.2020(d)(1), for prior RACT approval. [FR Doc. 2021–27233 Filed 1–25–22; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 180 [EPA–HQ–OPP–2020–0054; FRL–9352–01– OCSPP] Thiabendazole; Pesticide Tolerances; Technical Correction Environmental Protection Agency (EPA). ACTION: Correcting amendment. AGENCY: EPA issued a final rule in the Federal Register of August 30, 2021, establishing tolerances for residues of thiabendazole 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 remove four tolerances that should have been revised and to delete two footnotes concerning other tolerances. This document corrects the final regulation. As a housekeeping measure, it also removes two tolerances that expired in 2017. DATES: This correction is effective January 26, 2022. ADDRESSES: The docket for this action, identified by docket identification (ID) number EPA–HQ–OPP–2020–0054, 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, SUMMARY: PO 00000 Frm 00017 Fmt 4700 Sfmt 4700 3937 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: RDFRNotices@ epa.gov. SUPPLEMENTARY INFORMATION: I. Does this action apply to me? The Agency included in the August 30, 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 August 30, 2021 (86 FR 48308) (FRL–8750–02–OCSPP) that established tolerances for residues of thiabendazole in or on multiple commodities and removed some tolerances in response to a petition filed by IR–4. EPA inadvertently directed the Federal Register to remove entries to the table in paragraph (a)(1) of 40 CFR 180.242 for ‘‘Alfalfa, forage’’; ‘‘Alfalfa, hay’’; ‘‘Brassica, head and stem, subgroup 5A’’; and ‘‘Vegetable, root (except sugarbeet), subgroup 1B’’. The instructions should have directed the Federal Register to revise the entries for ‘‘Alfalfa, forage’’; ‘‘Alfalfa, hay’’; ‘‘Brassica, head and stem, subgroup 5A’’; and ‘‘Vegetable, root (except sugarbeet), subgroup 1B’’ by adding a new footnote to the table indicating that these tolerances expire on February 28, 2022, which is six months after the August 30, 2021 final rule published. Maintaining these tolerances for six months is necessary to comply with the World Trade Organization’s Sanitary and Phytosanitary Measures Agreement, as explained in the August 30, 2021 final rule (see 86 FR 48313). In addition, EPA inadvertently directed the Federal Register to revise footnote 1 and delete footnote 2 to the table in paragraph (a)(1) of 40 CFR 180.242. The instructions should have directed the Federal Register to add a new footnote indicating that the tolerances for ‘‘Alfalfa, forage’’; ‘‘Alfalfa, hay’’; ‘‘Brassica, head and stem, subgroup E:\FR\FM\26JAR1.SGM 26JAR1 3938 Federal Register / Vol. 87, No. 17 / Wednesday, January 26, 2022 / Rules and Regulations khammond on DSKJM1Z7X2PROD with RULES 5A’’; and ‘‘Vegetable, root (except sugarbeet), subgroup 1B’’ expire on February 28, 2022. As a housekeeping measure, EPA is also directing the Federal Register to remove entries to the table in paragraph (a)(1) of 40 CFR 180.242 for ‘‘Bean, dry, seed’’ and ‘‘Soybean’’ in this correction document, because these tolerances expired on March 21, 2017. Footnote 2 to the table in paragraph (a)(1) of 40 CFR 180.242 indicating that these tolerances expired on March 21, 2017 was already removed in the August 30, 2021 final rule, as described above. EPA’s instructions in the August 30, 2021 final rule regarding tolerances for ‘‘Alfalfa, forage’’; ‘‘Alfalfa, hay’’; ‘‘Brassica, head and stem, subgroup 5A’’; and ‘‘Vegetable, root (except sugarbeet), subgroup 1B’’ and footnote 1 to the table in 40 CFR 180.242(a)(1) were not consistent with its authority under FFDCA section 408(d)(4)(A) or with the preamble of the August 30, 2021 final rule. Therefore, EPA is rescinding those instructions and reinstating and revising the entries for ‘‘Alfalfa, forage’’; ‘‘Alfalfa, hay’’; ‘‘Brassica, head and stem, subgroup 5A’’; and ‘‘Vegetable, root (except sugarbeet), subgroup 1B’’ in the table in paragraph (a)(1) of 40 CFR 180.242. Additionally, EPA is reinstating footnote 1 and adding a new footnote 2 to the table in paragraph (a)(1) of 40 CFR 180.242. The new footnote 2 indicates that the four tolerances expire six months from publication of today’s notice rather than on February 28, 2022 to make sure the phased tolerance change is clear and transparent. 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 instructed the Federal Register to remove four tolerances that should have been revised and to delete two footnotes concerning other tolerances, as described above. Additionally, EPA has determined that removing the tolerances that expired in 2017 is a housekeeping measure that has no substantive effect. EPA finds that this constitutes good cause under 5 U.S.C. 553(b)(3)(B). VerDate Sep<11>2014 15:49 Jan 25, 2022 Jkt 256001 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 August 30, 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). TABLE 1 TO PARAGRAPH (a)(1) Parts per million Commodity Alfalfa, forage 2 ...................................... Alfalfa, hay 2 .......................................... 0.02 0.02 * * * * Brassica, head and stem, subgroup 5A 2 .................................................... * * * * * Vegetable, root (except sugar beet), subgroup 1B 2 .................................... * * * * * 0.02 0.02 * 1 There are no U.S. registrations on the indicated commodity. 2 This tolerance expires on July 26, 2022. * * * * * [FR Doc. 2022–01487 Filed 1–25–22; 8:45 am] BILLING CODE 6560–50–P 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 20, 2022. 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 1. The authority citation for part 180 continues to read as follows: ■ Authority: 21 U.S.C. 321(q), 346a and 371. 2. In § 180.242, amend Table 1 to Paragraph (a)(1) by: ■ i. Adding alphabetically the entries ‘‘Alfalfa, forage 2’’and ‘‘Alfalfa, hay 2’’; ■ ii. Removing the entry for ‘‘Bean, dry, seed 2’’; ■ iii. Adding alphabetically the entry ‘‘Brassica, head and stem, subgroup 5A 2’’; ■ iv. Removing the entry for ‘‘Soybean 2’’; ■ v. Adding alphabetically, after the existing entry ‘‘Vegetable, root, except sugar beet, subgroup 1B’’, an entry for ‘‘Vegetable, root (except sugarbeet), subgroup 1B 2’’; and ■ vi. Revising footnote 1 and adding footnote 2. The additions read as follows: ■ § 180.242 Thiabendazole; tolerances for residues. (a) * * * (1) * * * PO 00000 Frm 00018 Fmt 4700 Sfmt 4700 DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 679 [Docket No. 210217–0022; RTID 0648– XB743] Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod by Catcher Vessels Greater Than or Equal to 60 Feet Length Overall Using Pot Gear in the Bering Sea and Aleutian Islands Management Area National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; closure. AGENCY: NMFS is prohibiting directed fishing for Pacific cod by catcher vessels greater than or equal to 60 feet (18.3 meters (m)) length overall (LOA) using pot gear in the Bering Sea and Aleutian Islands management area (BSAI). This action is necessary to prevent exceeding the A season apportionment of the 2022 Pacific cod total allowable catch (TAC) allocated to catcher vessels greater than or equal to 60 feet (18.3 m) LOA using pot gear in the BSAI. DATES: This inseason action became applicable at 1200 hours, Alaska local time (A.l.t.), January 23, 2022, and remains in effect through 1200 hours, A.l.t., September 1, 2022. FOR FURTHER INFORMATION CONTACT: Krista Milani, 907–581–2062. SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the BSAI exclusive economic zone according to the Fishery Management Plan for Groundfish of the Bering Sea SUMMARY: E:\FR\FM\26JAR1.SGM 26JAR1

Agencies

[Federal Register Volume 87, Number 17 (Wednesday, January 26, 2022)]
[Rules and Regulations]
[Pages 3937-3938]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-01487]


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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2020-0054; FRL-9352-01-OCSPP]


Thiabendazole; Pesticide Tolerances; Technical Correction

AGENCY: Environmental Protection Agency (EPA).

ACTION: Correcting amendment.

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

SUMMARY: EPA issued a final rule in the Federal Register of August 30, 
2021, establishing tolerances for residues of thiabendazole 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 remove 
four tolerances that should have been revised and to delete two 
footnotes concerning other tolerances. This document corrects the final 
regulation. As a housekeeping measure, it also removes two tolerances 
that expired in 2017.

DATES: This correction is effective January 26, 2022.

ADDRESSES: The docket for this action, identified by docket 
identification (ID) number EPA-HQ-OPP-2020-0054, 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:

I. Does this action apply to me?

    The Agency included in the August 30, 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 August 30, 2021 
(86 FR 48308) (FRL-8750-02-OCSPP) that established tolerances for 
residues of thiabendazole in or on multiple commodities and removed 
some tolerances in response to a petition filed by IR-4. EPA 
inadvertently directed the Federal Register to remove entries to the 
table in paragraph (a)(1) of 40 CFR 180.242 for ``Alfalfa, forage''; 
``Alfalfa, hay''; ``Brassica, head and stem, subgroup 5A''; and 
``Vegetable, root (except sugarbeet), subgroup 1B''. The instructions 
should have directed the Federal Register to revise the entries for 
``Alfalfa, forage''; ``Alfalfa, hay''; ``Brassica, head and stem, 
subgroup 5A''; and ``Vegetable, root (except sugarbeet), subgroup 1B'' 
by adding a new footnote to the table indicating that these tolerances 
expire on February 28, 2022, which is six months after the August 30, 
2021 final rule published. Maintaining these tolerances for six months 
is necessary to comply with the World Trade Organization's Sanitary and 
Phytosanitary Measures Agreement, as explained in the August 30, 2021 
final rule (see 86 FR 48313). In addition, EPA inadvertently directed 
the Federal Register to revise footnote 1 and delete footnote 2 to the 
table in paragraph (a)(1) of 40 CFR 180.242. The instructions should 
have directed the Federal Register to add a new footnote indicating 
that the tolerances for ``Alfalfa, forage''; ``Alfalfa, hay''; 
``Brassica, head and stem, subgroup

[[Page 3938]]

5A''; and ``Vegetable, root (except sugarbeet), subgroup 1B'' expire on 
February 28, 2022.
    As a housekeeping measure, EPA is also directing the Federal 
Register to remove entries to the table in paragraph (a)(1) of 40 CFR 
180.242 for ``Bean, dry, seed'' and ``Soybean'' in this correction 
document, because these tolerances expired on March 21, 2017. Footnote 
2 to the table in paragraph (a)(1) of 40 CFR 180.242 indicating that 
these tolerances expired on March 21, 2017 was already removed in the 
August 30, 2021 final rule, as described above.
    EPA's instructions in the August 30, 2021 final rule regarding 
tolerances for ``Alfalfa, forage''; ``Alfalfa, hay''; ``Brassica, head 
and stem, subgroup 5A''; and ``Vegetable, root (except sugarbeet), 
subgroup 1B'' and footnote 1 to the table in 40 CFR 180.242(a)(1) were 
not consistent with its authority under FFDCA section 408(d)(4)(A) or 
with the preamble of the August 30, 2021 final rule. Therefore, EPA is 
rescinding those instructions and reinstating and revising the entries 
for ``Alfalfa, forage''; ``Alfalfa, hay''; ``Brassica, head and stem, 
subgroup 5A''; and ``Vegetable, root (except sugarbeet), subgroup 1B'' 
in the table in paragraph (a)(1) of 40 CFR 180.242. Additionally, EPA 
is reinstating footnote 1 and adding a new footnote 2 to the table in 
paragraph (a)(1) of 40 CFR 180.242. The new footnote 2 indicates that 
the four tolerances expire six months from publication of today's 
notice rather than on February 28, 2022 to make sure the phased 
tolerance change is clear and transparent.

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 instructed the Federal Register to remove four tolerances 
that should have been revised and to delete two footnotes concerning 
other tolerances, as described above. Additionally, EPA has determined 
that removing the tolerances that expired in 2017 is a housekeeping 
measure that has no substantive effect. 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 August 30, 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: January 20, 2022.
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.  180.242, amend Table 1 to Paragraph (a)(1) by:
0
i. Adding alphabetically the entries ``Alfalfa, forage \2\''and 
``Alfalfa, hay \2\'';
0
ii. Removing the entry for ``Bean, dry, seed \2\'';
0
iii. Adding alphabetically the entry ``Brassica, head and stem, 
subgroup 5A \2\'';
0
iv. Removing the entry for ``Soybean \2\'';
0
v. Adding alphabetically, after the existing entry ``Vegetable, root, 
except sugar beet, subgroup 1B'', an entry for ``Vegetable, root 
(except sugarbeet), subgroup 1B \2\''; and
0
vi. Revising footnote 1 and adding footnote 2.
    The additions read as follows:


Sec.  180.242  Thiabendazole; tolerances for residues.

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

                       Table 1 to Paragraph (a)(1)
------------------------------------------------------------------------
                                                               Parts per
                          Commodity                             million
------------------------------------------------------------------------
Alfalfa, forage \2\.........................................        0.02
Alfalfa, hay \2\............................................        0.02
 
                                * * * * *
Brassica, head and stem, subgroup 5A \2\....................        0.02
 
                                * * * * *
Vegetable, root (except sugar beet), subgroup 1B \2\........        0.02
 
                                * * * * *
------------------------------------------------------------------------
\1\ There are no U.S. registrations on the indicated commodity.
\2\ This tolerance expires on July 26, 2022.

* * * * *
[FR Doc. 2022-01487 Filed 1-25-22; 8:45 am]
BILLING CODE 6560-50-P
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