3026 Federal Register / Vol. 76, No. 12 / Wednesday, January 19, 2011 / Rules and Regulations 

EPA-APPROVED VIRGINIA REGULATIONS AND STATUTES—Continued 

State citation Title/subject State effective date EPA approval date Explanation [former SIP citation] 

5–40–7430 .............. Presumptive reasonably available control technology guidelines for stationary sources of nitrogen oxides.12/15/06 1/19/11 [Insert page 

number where 

the document begins].

Added Regulation. 

5–40–7440 .............. Standard for visible emissions ................ 12/15/06 1/19/11 [Insert page 

number where 

the document begins].

Added Regulation. 

5–40–7450 .............. Standard for fugitive dust/emissions ...... 12/15/06 1/19/11 [Insert page 

number where 

the document begins].

Added Regulation. 

5–40–7480 .............. Compliance ............................................. 12/15/06 1/19/11 [Insert page 

number where 

the document begins].

Added Regulation. 

5–40–7490 .............. Test methods and procedures ................ 12/15/06 1/19/11 [Insert page 

number where 

the document begins].

Added Regulation. 

5–40–7500 .............. Monitoring ............................................... 12/15/06 1/19/11 [Insert page 

number where 

the document begins].

Added Regulation. 

5–40–7510 .............. Notification .............................................. 12/15/06 1/19/11 [Insert page 

number where 

the document begins].

Added Regulation. 

5–40–7520 .............. Registration ............................................. 12/15/06 1/19/11 [Insert page 

number where 

the document begins].

Added Regulation. 

5–40–7530 .............. Facility and control equipment maintenance or malfunction.12/15/06 1/19/11 [Insert page 

number where 

the document begins].

Added Regulation. 

5–40–7540 .............. Permits .................................................... 12/15/06 1/19/11 [Insert page 

number where 

the document begins].

Added Regulation 

* * * * * * * 

* * * * * 

[FR Doc. 2011–484 Filed 1–18–11; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2009–0032; FRL–8859–3] 

Fluazinam; Pesticide Tolerances 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: This regulation establishes 

tolerances for residues of fluazinam in 

or on multiple commodities which are 

identified and discussed later in this 

document. Interregional Research 

Project Number 4 (IR–4) requested these 

tolerances under the Federal Food, 

Drug, and Cosmetic Act (FFDCA). 

DATES: This regulation is effective 

January 19, 2011. Objections and 

requests for hearings must be received 

on or before March 21, 2011, 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: EPA has established a 

docket for this action under docket 

identification (ID) number EPA–HQ– 

OPP–2009–0032. All documents in the 

docket are listed in the docket index 

available at http://www.regulations.gov. 

Although listed in the index, some 

information is not publicly available, 

e.g., Confidential Business Information 

(CBI) or other information whose 

disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the Internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available in the electronic docket at 

http://www.regulations.gov, or, if only 

available in hard copy, at the OPP 

Regulatory Public Docket in Rm. S– 

4400, One Potomac Yard (South Bldg.), 

2777 S. Crystal Dr., Arlington, VA. The 

Docket Facility is open from 8:30 a.m. 

to 4 p.m., Monday through Friday, 

excluding legal holidays. The Docket 

Facility telephone number is (703) 305– 

5805. 

FOR FURTHER INFORMATION CONTACT: 

Laura Nollen, Registration Division 

(7505P), Office of Pesticide Programs, 

Environmental Protection Agency, 1200 

Pennsylvania Ave., NW., Washington, 

DC 20460–0001; telephone number: 

(703) 305–7390; e-mail address: 

nollen.laura@epa.gov. 

SUPPLEMENTARY INFORMATION: 


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Federal Register / Vol. 76, No. 12 / Wednesday, January 19, 2011 / Rules and Regulations 3027 

I. General Information 

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. Potentially 

affected entities may include, but are 

not limited to those engaged in the 

following activities: 

• Crop production (NAICS code 111). 

• Animal production (NAICS code 

112). 

• Food manufacturing (NAICS code 

311). 

• Pesticide manufacturing (NAICS 

code 32532). 

This listing is not intended to be 

exhaustive, but rather to provide a guide 

for readers regarding entities likely to be 

affected by this action. Other types of 

entities not listed in this unit could also 

be affected. The North American 

Industrial Classification System 

(NAICS) codes have been provided to 

assist you and others in determining 

whether this action might apply to 

certain entities. If you have any 

questions regarding the applicability of 

this action to a particular entity, consult 

the person listed under FOR FURTHER

INFORMATION CONTACT. 

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 http://www.gpoaccess.gov/ecfr. 

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 

identify docket ID number EPA–HQ– 

OPP–2009–0032 in the subject line on 

the first page of your submission. All 

objections and requests for a hearing 

must be in writing, and must be 

received by the Hearing Clerk on or 

before March 21, 2011. Addresses for 

mail and hand delivery of objections 

and hearing requests are provided in 40 

CFR 178.25(b). 

In addition to filing an objection or 

hearing request with the Hearing Clerk 

as described in 40 CFR part 178, please 

submit a copy of the filing that does not 

contain any CBI for inclusion in the 

public docket. Information not marked 

confidential pursuant to 40 CFR part 2 

may be disclosed publicly by EPA 

without prior notice. Submit a copy of 

your non-CBI objection or hearing 

request, identified by docket ID number 

EPA–HQ–OPP–2009–0032, by one of 

the following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the on-line 

instructions for submitting comments. 

• Mail: Office of Pesticide Programs 

(OPP) Regulatory Public Docket (7502P), 

Environmental Protection Agency, 1200 

Pennsylvania Ave., NW., Washington, 

DC 20460–0001. 

• Delivery: OPP Regulatory Public 

Docket (7502P), Environmental 

Protection Agency, Rm. S–4400, One 

Potomac Yard (South Bldg.), 2777 S. 

Crystal Dr., Arlington, VA. Deliveries 

are only accepted during the Docket 

Facility’s normal hours of operation 

(8:30 a.m. to 4 p.m., Monday through 

Friday, excluding legal holidays). 

Special arrangements should be made 

for deliveries of boxed information. The 

Docket Facility telephone number is 

(703) 305–5805. 

II. Summary of Petitioned-For 

Tolerance 

In the Federal Register of August 19, 

2009 (74 FR 41898) (FRL–8426–7), EPA 

issued a notice pursuant to section 

408(d)(3) of FFDCA, 21 U.S.C. 

346a(d)(3), announcing the filing of two 

pesticide petitions: PP 9E7570 by 

Interregional Research Project Number 4 

(IR–4), 500 College Rd. East, Suite 201 

W, Princeton, NJ 08540; and PP 9F7571 

by ISK Biosciences Corporation, 7470 

Auburn Rd., Suite A, Concord, OH 

44077. PP 9E7570 requested that 40 CFR 

180.574 be amended by establishing 

tolerances for residues of the fungicide 

fluazinam, (3-chloro-N-[3-chloro-2,6- 

dinitro-4-(trifluoromethyl)phenyl]-5- 

(trifluoromethyl)-2-pyridinamine), in or 

on carrot, root at 0.8 parts per million 

(ppm). PP 9F7571 requested that 40 CFR 

180.574 be amended by establishing 

tolerances for residues of the fungicide 

fluazinam and the metabolite AMGT, (3- 

[[4-amino-3-[[3-chloro-5- 

(trifloromethyl)-2-pyridinyl]amino]-2- 

nitro-6-(trifluoromethyl) phenyl] thio]-2- 

(beta-D-glucopyranosyloxy) propionic 

acid), in or on the raw agricultural 

commodity apple at 1.7 ppm and wet 

apple pomace at 5.0 ppm, and by 

establishing tolerances for the combined 

residues of fluazinam and its 

metabolites, DAPA and AMPA, in the 

following animal tissues and meat 

byproducts at 0.03 ppm: Cattle, fat; 

cattle, kidney; cattle, liver; cattle, meat; 

cattle, meat byproducts; goat, fat; goat, 

kidney; goat, liver; goat, meat; goat, 

meat byproducts; horse, fat; horse, 

kidney; horse, liver; horse, meat; horse, 

meat byproducts; milk; sheep, fat; 

sheep, kidney; sheep, liver; sheep, meat; 

and sheep, meat byproducts. PP 9E7570 

referenced a summary of the petition 

prepared on behalf of IR–4 by ISK 

Biosciences, the registrant; PP 9F7571 

referenced a summary of the petition 

prepared by the registrant, ISK 

Biosciences. Petition summaries are 

available in the docket, http:// 

www.regulations.gov. There were no 

comments received in response to the 

notices of filing. 

Based upon review of the data 

supporting the petition, EPA has revised 

several proposed tolerances and has 

determined that several other proposed 

tolerances are not necessary. The 

reasons for these changes are explained 

in Unit IV.C. 

III. Aggregate Risk Assessment and 

Determination of Safety 

Section 408(b)(2)(A)(i) of FFDCA 

allows EPA to establish a tolerance (the 

legal limit for a pesticide chemical 

residue in or on a food) only if EPA 

determines that the tolerance is ‘‘safe.’’ 

Section 408(b)(2)(A)(ii) of FFDCA 

defines ‘‘safe’’ to mean that ‘‘there is a 

reasonable certainty that no harm will 

result from aggregate exposure to the 

pesticide chemical residue, including 

all anticipated dietary exposures and all 

other exposures for which there is 

reliable information.’’ This includes 

exposure through drinking water and in 

residential settings, but does not include 

occupational exposure. Section 

408(b)(2)(C) of FFDCA requires EPA to 

give special consideration to exposure 

of infants and children to the pesticide 

chemical residue in establishing a 

tolerance and to ‘‘ensure that there is a 

reasonable certainty that no harm will 

result to infants and children from 

aggregate exposure to the pesticide 

chemical residue.’’ 

Consistent with section 408(b)(2)(D) 

of FFDCA, and the factors specified in 

section 408(b)(2)(D) of FFDCA, EPA has 

reviewed the available scientific data 

and other relevant information in 

support of this action. EPA has 

sufficient data to assess the hazards of 

and to make a determination on 

aggregate exposure for fluazinam 

including exposure resulting from the 

tolerances established by this action. 

EPA’s assessment of exposures and risks 

associated with fluazinam follows. 

In the Federal Register of May 12, 

2010 (75 FR 26662) (FRL–8824–5), EPA 

published a Final Rule establishing 

tolerances for residues of the fungicide 

fluazinam in or on bushberry subgroup 

13–07B at 7.0 pm; lettuce, head at 0.02 

ppm; lettuce, leaf at 2.0 ppm; and onion, 

bulb, subgroup 3–07A at 0.20 ppm, 


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3028 Federal Register / Vol. 76, No. 12 / Wednesday, January 19, 2011 / Rules and Regulations 

associated with PP 8E7506. When the 

Agency conducted the risk assessment 

in support of the May 12, 2010 tolerance 

action, it considered the use of 

fluazinam in or on carrot, root (PP 

9E7570), apples and wet apple pomace 

(PP 9F7571), and fluazinam and its 

metabolites AMPA and DAPA in the 

following animal tissues and meat 

byproducts: Cattle, fat; cattle, kidney; 

cattle, liver; cattle, meat; cattle, meat 

byproducts; goat, fat; goat, kidney; goat, 

liver; goat, meat; goat, meat byproducts; 

horse, fat; horse, kidney; horse, liver; 

horse, meat; horse, meat byproducts; 

milk; sheep, fat; sheep, kidney; sheep, 

liver; sheep, meat; and sheep, meat 

byproducts (PP 9F7571). However, 

because of data deficiencies identified 

during the course of review, EPA was 

not able to recommend in favor of the 

tolerances associated with PP 9E7570 

and PP 9F7571. The deficiencies related 

to an apple processing study, a cattle 

feeding study, and the analytical 

method for the metabolites AMPA and 

DAPA in fat, liver, and kidney. 

In response to the noted data 

deficiencies, the registrant provided 

additional data for the apple processing 

study and a rebuttal to the cattle feeding 

study; after further review, EPA has 

determined that these studies are now 

acceptable. Additionally, in response to 

the analytical method data deficiency, 

the registrant submitted a revised 

analytical method and independent 

laboratory validation, which EPA has 

concluded is adequate as an 

enforcement method for residues of 

fluazinam, AMPA, and DAPA and their 

sulfamate conjugates in kidney, liver, 

and fat. Detailed considerations 

regarding EPA’s resolution of these data 

deficiencies are discussed in the 

document, ‘‘Fluazinam, Petitions for the 

Establishment of Tolerances and 

Registration of New Uses on Apples and 

Carrots. HED’s Conclusions Regarding 

Registrant’s Response to Data 

Deficiencies’’ which is available at 

http://regulations.gov in docket EPA– 

HQ–OPP–2009–0032. 

Since EPA considered the additional 

uses proposed by PP 9E7570 and PP 

9F7571 in its most recent risk 

assessments, establishing tolerances on 

these commodities will not change the 

estimated aggregate risks resulting from 

use of fluazinam, as discussed in the 

May 12, 2010 (75 FR 26662) (FRL–8824– 

5) Federal Register. Therefore, EPA 

concludes that there is a reasonable 

certainty that no harm will result to the 

general population, and to infants and 

children from aggregate exposure to 

fluazinam residues. Refer to the May 12, 

2010 Federal Register document, 

available at http://www.regulations.gov, 

for a detailed discussion of the aggregate 

risk assessments and determination of 

safety. EPA relies upon those risk 

assessments and the findings made in 

the Federal Register document in 

support of this action. 

IV. Other Considerations 

A. Analytical Enforcement Methodology 

An adequate enforcement 

methodology, gas chromatography with 

electron capture detection (GC/ECD), is 

available to enforce the tolerance 

expression for plant commodities. For 

livestock commodities, an adequate 

enforcement method, liquid 

chromatography/mass spectrometry/ 

mass spectrometry (LC/MS/MS), is 

available to enforce the tolerance 

expression for residues of fluazinam, 

AMPA, and DAPA and their sulfamate 

conjugates in bovine liver, fat, and milk. 

The methods may be requested from: 

Chief, Analytical Chemistry Branch, 

Environmental Science Center, 701 

Mapes Rd., Ft. Meade, MD 20755–5350; 

telephone number: (410) 305–2905; email address: residuemethods@epa.gov. 

B. International Residue Limits 

In making its tolerance decisions, EPA 

seeks to harmonize U.S. tolerances with 

international standards whenever 

possible, consistent with U.S. food 

safety standards and agricultural 

practices. EPA considers the 

international maximum residue limits 

(MRLs) established by the Codex 

Alimentarius Commission (Codex), as 

required by FFDCA section 408(b)(4). 

The Codex Alimentarius is a joint U.N. 

Food and Agriculture Organization/ 

World Health Organization food 

standards program, and it is recognized 

as an international food safety 

standards-setting organization in trade 

agreements to which the United States 

is a party. EPA may establish a tolerance 

that is different from a Codex MRL; 

however, FFDCA section 408(b)(4) 

requires that EPA explain the reasons 

for departing from the Codex level. 

The Codex has not established MRLs 

for fluazinam in or on apple or carrot. 

However, these tolerance petitions have 

been evaluated as a joint review with 

Canada, and the United States and 

Canada have agreed that the appropriate 

tolerance levels for carrot, roots is 0.70 

ppm and apple is 2.0 ppm. 

C. Revisions to Petitioned-For 

Tolerances 

Based on analysis of the data 

supporting the petitions, EPA has 

revised the proposed tolerances in or on 

carrot, roots from 0.8 ppm to 0.70 ppm; 

apples from 1.7 ppm to 2.0 ppm; and 

the following proposed tolerances from 

0.03 ppm to 0.05 ppm: Cattle, fat; cattle, 

meat byproducts; goat, fat; goat, meat 

byproducts; horse, fat; horse, meat 

byproducts; sheep, fat; and sheep, meat 

byproducts. EPA revised these tolerance 

levels based on analysis of the residue 

data using the Agency’s Tolerance 

Spreadsheet in accordance with the 

Agency’s ‘‘Guidance for Setting 

Pesticide Tolerances Based on Field 

Trial Data.’’ 

Additionally, based on the results of 

an animal feeding study and the 

calculated dietary burden for dairy 

cattle, EPA has determined that the 

proposed tolerances of 0.03 ppm for the 

meat of cattle, goat, horse, and sheep are 

not necessary. The Agency has further 

determined that the proposed tolerances 

of 0.03 ppm for the liver and kidney of 

cattle, goat, horse, and sheep are not 

necessary because tolerances are being 

established for meat byproducts of 

cattle, goat, horse, and sheep; EPA 

previously determined that individual 

tolerances are not needed for liver and 

kidney when a tolerance is being 

established for meat byproducts. 

V. Conclusion 

Therefore, tolerances are established 

for residues of fluazinam, (3-chloro-N- 

[3-chloro-2,6-dinitro-4- 

(trifluoromethyl)phenyl]-5- 

(trifluoromethyl)-2-pyridinamine), in or 

on carrot, roots at 0.70 ppm; apple at 2.0 

ppm; apple, wet pomace at 5.0 ppm; 

and tolerances are established for 

residues of fluazinam and its 

metabolites AMPA and DAPA in or on 

cattle, fat at 0.05 ppm; cattle, meat 

byproducts at 0.05 ppm; goat, fat at 0.05 

ppm; goat, meat byproducts at 0.05 

ppm; horse, fat at 0.05 ppm; horse, meat 

byproducts at 0.05 ppm; sheep, fat at 

0.05 ppm; and sheep, meat byproducts 

at 0.05 ppm. 

VI. Statutory and Executive Order 

Reviews 

This final rule establishes tolerances 

under section 408(d) of FFDCA in 

response to a petition submitted to the 

Agency. The Office of Management and 

Budget (OMB) has exempted these types 

of actions from review under Executive 

Order 12866, entitled Regulatory 

Planning and Review (58 FR 51735, 

October 4, 1993). Because this final rule 

has been exempted from review under 

Executive Order 12866, this final rule is 

not subject to Executive Order 13211, 

entitled Actions Concerning Regulations 

That Significantly Affect Energy Supply, 

Distribution, or Use (66 FR 28355, May 

22, 2001) or Executive Order 13045, 

entitled Protection of Children from 

Environmental Health Risks and Safety 


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Federal Register / Vol. 76, No. 12 / Wednesday, January 19, 2011 / Rules and Regulations 3029 

Risks (62 FR 19885, April 23, 1997). 

This final rule does not contain any 

information collections subject to OMB 

approval under the Paperwork 

Reduction Act (PRA), 44 U.S.C. 3501 et 

seq., nor does it require any special 

considerations under Executive Order 

12898, entitled Federal Actions to 

Address Environmental Justice in 

Minority Populations and Low-Income 

Populations (59 FR 7629, February 16, 

1994). 

Since tolerances and exemptions that 

are established on the basis of a petition 

under section 408(d) of FFDCA, such as 

the tolerance in this final rule, do not 

require the issuance of a proposed rule, 

the requirements of the Regulatory 

Flexibility Act (RFA) (5 U.S.C. 601 et 

seq.) do not apply. 

This final rule directly regulates 

growers, food processors, food handlers, 

and food retailers, not States or Tribes, 

nor does this action alter the 

relationships or distribution of power 

and responsibilities established by 

Congress in the preemption provisions 

of section 408(n)(4) of FFDCA. As such, 

the Agency has determined that this 

action will not have a substantial direct 

effect on States or Tribal governments, 

on the relationship between the national 

government and the States or Tribal 

governments, or on the distribution of 

power and responsibilities among the 

various levels of government or between 

the Federal Government and Indian 

Tribes. Thus, the Agency has 

determined that Executive Order 13132, 

entitled Federalism (64 FR 43255, 

August 10, 1999) and Executive Order 

13175, entitled Consultation and 

Coordination with Indian Tribal 

Governments (65 FR 67249, November 

9, 2000) do not apply to this final rule. 

In addition, this final rule does not 

impose any enforceable duty or contain 

any unfunded mandate as described 

under Title II of the Unfunded Mandates 

Reform Act of 1995 (UMRA) (Pub. L. 

104–4). 

This action does not involve any 

technical standards that would require 

Agency consideration of voluntary 

consensus standards pursuant to section 

12(d) of the National Technology 

Transfer and Advancement Act of 1995 

(NTTAA), Public Law 104–113, section 

12(d) (15 U.S.C. 272 note). 

VII. Congressional Review Act 

The Congressional Review Act, 5 

U.S.C. 801 et seq., generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report to each House of 

the Congress and to the Comptroller 

General of the United States. 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 this final rule in the 

Federal Register. This final rule 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 7, 2011. 

Daniel J. Rosenblatt, 

Acting Director, Registration Division, Office 

of Pesticide Programs. 

Therefore, 40 CFR chapter I is 

amended as follows: 

PART 180—[AMENDED] 

■ 1. The authority citation for part 180 

continues to read as follows: 

Authority: 21 U.S.C. 321(q), 346a and 371. 

■ 2. Section 180.574 is amended by 

alphabetically adding the following 

commodities to the table in paragraph 

(a)(1), and by adding paragraph (a)(3) to 

read as follows: 

§ 180.574 Fluazinam; tolerances for 

residues. 

(a) General. (1) * * * 

Commodity Parts per 

million 

Apple ......................................... 2 .0 

Apple, wet pomace ................... 5 .0 

* * * * * 

Carrot, roots .............................. 0 .70 

* * * * * 

* * * * * 

(3) Tolerances are established for 

residues of fluazinam (3-chloro-N-[3- 

chloro-2,6-dinitro-4- 

(trifluoromethyl)phenyl]-5- 

(trifluoromethyl)-2-pyridinamine), 

including its metabolites and 

degradates, in or on the commodities in 

the table below. Compliance with the 

tolerance levels specified below is to be 

determined by measuring only 

fluazinam, AMPA (2-(6-amino-3-chloroa,a,a-trifluoro-2-nitro-p-toluidino)-3- 

chloro-5-(trifluoromethyl) pyridine), 

DAPA (3-chloro-2-(2,6-diamino-3- 

chloro-a,a,a.-trifluoro-p-toluidino)-5- 

(trifluoromethyl)pyridine), and their 

sulfamate conjugates. 

Commodity Parts per 

million 

Cattle, fat .................................... 0.05 

Cattle, meat byproducts ............. 0.05 

Goat, fat ...................................... 0.05 

Goat, meat byproducts ............... 0.05 

Horse, fat .................................... 0.05 

Horse, meat byproducts ............. 0.05 

Sheep, fat ................................... 0.05 

Sheep, meat byproducts ............ 0.05 

* * * * * 

[FR Doc. 2011–1019 Filed 1–18–11; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

50 CFR Part 17 

[Docket No. FWS–R6–ES–2008–0001; 

92220–1113–0000–C6] 

RIN 1018–AU67 

Endangered and Threatened Wildlife 

and Plants; Removal of Erigeron 

maguirei (Maguire Daisy) From the 

Federal List of Endangered and 

Threatened Plants; Availability of Final 

Post-Delisting Monitoring Plan 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Final rule. 

SUMMARY: We, the U.S. Fish and 

Wildlife Service (Service/USFWS), are 

removing the plant Erigeron maguirei 

(commonly referred to as Maguire daisy) 

from the List of Endangered and 

Threatened Plants. The best scientific 

and commercial data available indicate 

that this species has recovered and no 

longer meets the definition of 

endangered or threatened under the 

Endangered Species Act of 1973, as 

amended (ESA). Our review of the 

status of this species shows that 

populations are stable, threats are 

addressed, and adequate regulatory 

mechanisms are in place so that the 

species is not currently, and is not likely 

to again become, an endangered species 

within the foreseeable future in all or a 

significant portion of its range. Finally, 

we announce the availability of the final 

post-delisting monitoring plan for 

Maguire daisy. 

DATES: This rule becomes effective on 

February 18, 2011. 

ADDRESSES: Copies of the final postdelisting monitoring plan are available 

by request from the Utah Field Office 

(see FOR FURTHER INFORMATION CONTACT) 

or online at: http://www.fws.gov/

mountain-prairie/species/plants/


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