Methoxyfenozide; Pesticide Tolerances; Correction, 3891-3892 [2024-01015]

Download as PDF 3891 Federal Register / Vol. 89, No. 14 / Monday, January 22, 2024 / Rules and Regulations EPA-APPROVED OHIO NONREGULATORY AND QUASI-REGULATORY PROVISIONS Applicable geographical or non-attainment area Title * * State date * EPA approval * * Comments * * Summary of Criteria Pollutant Maintenance Plan * PM2.5 (2006) ...... * * Canton (Stark County) .......................... * 9/8/2021 PM2.5 (2006) ...... Cleveland (Cuyahoga, Lake, Lorain, Medina, Portage, and Summit Counties). Steubenville-Weirton (Jefferson County) 9/8/2021 PM2.5 (2006) ...... * * * [FR Doc. 2024–00976 Filed 1–19–24; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 180 [EPA–HQ–OPP–2020–0336; FRL–9525–02– OCSPP] Methoxyfenozide; Pesticide Tolerances; Correction Environmental Protection Agency (EPA). ACTION: Correcting amendment. AGENCY: 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. Effective on January 22, 2024. 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 DATES: ddrumheller on DSK120RN23PROD with RULES1 ADDRESSES: 16:22 Jan 19, 2024 Jkt 262001 1/22/2024, [INSERT FEDERAL REGISTER CITATION]. * * 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: RDFRNotices@epa.gov. SUPPLEMENTARY INFORMATION: I. Does this action apply to me? SUMMARY: VerDate Sep<11>2014 9/8/2021 * * 1/22/2024, [INSERT FEDERAL REGISTER CITATION]. 1/22/2024, [INSERT FEDERAL REGISTER CITATION]. 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 PO 00000 Frm 00015 Fmt 4700 Sfmt 4700 * * 2nd maintenance plan. 2nd maintenance plan. 2nd maintenance plan. * 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: E:\FR\FM\22JAR1.SGM 22JAR1 3892 Federal Register / Vol. 89, No. 14 / Monday, January 22, 2024 / Rules and Regulations Ms. Christine A. Hydock, Chief, Medical Programs Division, FMCSA, 1200 New Jersey Avenue SE, Washington, DC 20590, (202) 366–4001, FMCSAMedical@dot.gov. If you have questions on viewing material in the docket, call Dockets Operations at (202) 366–9826. SUPPLEMENTARY INFORMATION: FOR FURTHER INFORMATION CONTACT: 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 § 180.544, 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: ■ I. Availability of Documents To view comments or any documents § 180.544 Methoxyfenozide; tolerances for mentioned as being available in the docket, go to https:// residues. www.regulations.gov/docket/FMCSA(a) * * * 2022-0111/document and choose the (1) * * * document to review. To view comments, click ‘‘Browse All TABLE 1 TO PARAGRAPH (a)(1) Comments.’’ If you do not have access Parts per to the internet, you may view the docket Commodity million online by visiting Dockets Operations on the ground floor of the DOT West Building, 1200 New Jersey Avenue SE, * * * * * Bean, mung, dry seed .......... 0.5 Washington, DC 20590–0001, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. To be * * * * * sure someone is there to help you, please call (202) 366–9317 or (202) 366– * * * * * [FR Doc. 2024–01015 Filed 1–19–24; 8:45 am] 9826 before visiting Dockets Operations. BILLING CODE 6560–50–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration 49 CFR Part 391 [Docket No. FMCSA–2022–0111] Qualifications of Drivers: Medical Examiner’s Handbook Regulatory Guidance Federal Motor Carrier Safety Administration (FMCSA), Department of Transportation (DOT). ACTION: Notification of regulatory guidance. AGENCY: FMCSA announces the availability of the Medical Examiner’s Handbook (MEH), which includes updates to the Medical Advisory Criteria published in the Code of Federal Regulations (CFR). The MEH provides information about regulatory requirements and guidance to medical examiners (ME) listed on FMCSA’s National Registry of Certified Medical Examiners (National Registry) who perform physical qualification examinations of interstate commercial motor vehicle (CMV) drivers. The January 2024 edition of the MEH replaces all previous handbook editions. DATES: This guidance is applicable on January 22, 2024. ddrumheller on DSK120RN23PROD with RULES1 SUMMARY: VerDate Sep<11>2014 16:22 Jan 19, 2024 Jkt 262001 II. Legal Basis FMCSA has statutory authority under 49 U.S.C. 31136(a)(3) and 31149(c)(1)(A)(i)—delegated to the Agency by 49 CFR 1.87(f)—to establish regulations to ensure the physical condition of CMV operators is adequate to enable them to operate the vehicles safely. The guidance in the MEH and Medical Advisory Criteria is related to the physical qualification regulations required by those sections. The notice and comment rulemaking procedures of the Administrative Procedure Act (APA) do not apply to interpretative rules and general statements of policy (commonly called ‘‘guidance’’) (5 U.S.C. 553(b)(A)). The MEH is a guidance document that does not amend any Agency regulation or establish any requirements for MEs or drivers not found in existing regulations. Accordingly, FMCSA was not required under the APA to solicit public comment on the MEH. Nevertheless, to ensure that the MEH provides clear, useful, and relevant information for stakeholders and as encouraged by DOT policy,1 FMCSA opted to make a draft of the MEH available for public review and comment (87 FR 50282 (Aug. 16, 2022)). 1 Section 14(f) of DOT 2100.6A (Rulemaking and Guidance Procedures) states that it is DOT policy to encourage providing an opportunity for public comment on guidance documents, as public input can be very helpful in formulating and improving the guidance that DOT offers. PO 00000 Frm 00016 Fmt 4700 Sfmt 4700 Although FMCSA voluntarily provided an opportunity for public comment on the MEH, its decision to do so does not make applicable any of the other procedural requirements in the APA or most of the other statutes or Executive orders that would apply if the opportunity for prior notice and public comment were required. III. Background FMCSA’s mission is to reduce crashes, injuries, and fatalities involving large trucks and buses. A critical element of FMCSA’s safety program is ensuring CMV drivers are in adequate physical condition to operate the vehicles safely. MEs on the National Registry make the determination regarding a driver’s physical qualification. The Federal Motor Carrier Safety Regulations (FMCSRs), in 49 CFR 391.41 through 391.49, provide the basic driver physical qualification standards for interstate CMV operators. MEs make physical qualification determinations on a case-by-case basis and may consider guidance to assist with making those determinations. FMCSA first posted the MEH to its website in 2008 to provide guidance to MEs on the physical qualification standards in the FMCSRs and the conducting of the physical qualification examination. FMCSA has also issued guidance for MEs in the form of Medical Advisory Criteria, now published at 49 CFR part 391, Appendix A. However, FMCSA withdrew the MEH in 2015 because some of the information was obsolete or was prescriptive in nature, and informed MEs and training organizations that the MEH was no longer in use and should not be considered as Agency guidance. FMCSA’s Medical Review Board (MRB) was established to provide FMCSA with medical advice and recommendations on medical standards and guidelines for the physical qualifications of CMV operators, ME education, and medical research (49 U.S.C. 31149(a)(1)). The MRB, in view of its statutory creation and advisory function, is chartered by DOT as an advisory committee under the Federal Advisory Committee Act (5 U.S.C. Ch. 10). See also Announcement of Establishment of the Federal Motor Carrier Safety Administration Medical Review Board (70 FR 57642 (Oct. 3, 2005)). The Secretary appoints MRB’s members to reflect expertise in a variety of medical specialties relevant to the driver fitness requirements of FMCSA (49 U.S.C. 31149(a)(2)). To assist in the development of the MEH, FMCSA, in collaboration with its E:\FR\FM\22JAR1.SGM 22JAR1

Agencies

[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]


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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
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