55272 Federal Register / Vol. 76, No. 173 / Wednesday, September 7, 2011 / Rules and Regulations 

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 exemption 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. 

As a result, this action does not 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, 

EPA 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, EPA 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 

EPA 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). 

XI. 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: August 26, 2011. 

Steven Bradbury, 

Director, 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 180.1305 is added to 

subpart D to read as follows: 

§ 180.1305 Chromobacterium subtsugae 

strain PRAA4–1T; exemption from the 

requirement of a tolerance. 

An exemption from the requirement 

of a tolerance is established for residues 

of Chromobacterium subtsugae strain 

PRAA4–1T in or on all food 

commodities when applied as an 

insecticide or miticide and used in 

accordance with good agricultural 

practices. 

[FR Doc. 2011–22868 Filed 9–6–11; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2007–0099; FRL–8870–8] 

Flubendiamide; Pesticide Tolerances; 

Technical Amendment 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule; technical 

amendment. 

SUMMARY: This document is being 

issued to correctly revise tolerance 

levels, for the pesticide, flubendiamide 

in or on the meat and meat byproducts 

of cattle, goat, hog, horse, and sheep. 

The tolerance levels were inadvertently 

transcribed incorrectly in a final rule 

printed in the Federal Register on 

March 23, 2011. 

DATES: This final rule is effective 

September 7, 2011. 

ADDRESSES: EPA has established a 

docket for this action under docket 

identification (ID) number EPA–HQ– 

OPP–2007–0099. All documents in the 

docket are listed in the docket index 

available in 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: 

Carmen Rodia, Registration Division 

(7504P), Office of Pesticide Programs, 

Environmental Protection Agency, 1200 

Pennsylvania Avenue, NW., 

Washington, DC 20460–0001; telephone 

number: (703) 306–0327; fax number: 

(703) 308–0029; e-mail address: 

rodia.carmen@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. If you have 

questions regarding the applicability of 

this action to a particular entity, consult 

the person listed under FOR FURTHER

INFORMATION CONTACT. 

II. What does this technical amendment 

do? 

In the Federal Register of March 23, 

2011 (75 FR 16301) (FRL–8863–8), EPA 

issued a final rule establishing new 

tolerances and revising existing 

tolerances for residues of flubendiamide 

(40 CFR 180.639) on certain food and 

livestock commodities. Inadvertently, a 

few of the tolerance levels were 

transcribed incorrectly, and 

consequently, 40 CFR 180.639(a)(2) 

provides an incorrect tolerance value for 

the established tolerances for cattle, 

meat (0.60 ppm); cattle, meat 

byproducts (0.08 ppm); goat, meat (0.60 

ppm); goat, meat byproducts (0.08 ppm); 

hog, meat (0.15 ppm); hog, meat 

byproducts (0.03 ppm); horse, meat 

(0.60 ppm); horse, meat byproducts 

(0.08 ppm); sheep, meat (0.60 ppm); and 

sheep, meat byproducts (0.08 ppm). As 

supported by recalculated beef and 

dairy cattle, swine, and poultry dietary 

burdens, and re-evaluation of previously 

submitted animal feeding studies, these 

tolerance values should be revised to 

0.08 ppm; 0.60 ppm; 0.08 ppm; 0.60 


jlentini on DSK4TPTVN1PROD with RULES
Federal Register / Vol. 76, No. 173 / Wednesday, September 7, 2011 / Rules and Regulations 55273 

ppm; 0.03 ppm; 0.15 ppm; 0.08 ppm; 

0.60 ppm; 0.08 ppm; and 0.60 ppm, 

respectively. This document is being 

issued to correct the tolerance values 

tolerances levels that were entered 

incorrectly. 

III. Why is this amendment 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 amendment 

final without prior proposal and 

opportunity for comment, because this 

technical amendment revises a few 

incorrectly transcribed tolerance levels 

and does not otherwise change the 

original requirements of 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? 

This technical amendment revises a 

number of incorrect tolerance levels and 

does not otherwise change the original 

requirements of the final rule. As a 

technical amendment, this action is not 

subject to the statutory and Executive 

Order review requirements. For 

information about the statutory and 

Executive Order review requirements as 

they related to the final rule, see Unit 

VI. in the Federal Register of March 23, 

2011 (76 FR 16301) (FRL–8863–8). 

V. 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: August 28, 2011. 

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: 

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

■ 2. Section 180.639(a)(2) is amended 

by revising the entries for cattle, meat; 

cattle, meat byproducts; goat, meat; goat, 

meat byproducts; hog, meat; hog, meat 

byproducts; horse, meat; horse, meat 

byproducts; sheep, meat; and sheep, 

meat byproducts to read as follows: 

§ 180.639 Flubendiamide; tolerances for 

residues. 

(a) * * * 

(2) * * * 

Commodity Parts per 

million 

* * * * * * * 

Cattle, meat ................................ 0.08 

Cattle, meat byproducts ............. 0.60 

* * * * * * * 

Goat, meat .................................. 0.08 

Goat, meat byproducts ............... 0.60 

* * * * * * * 

Hog, meat ................................... 0.03 

Hog, meat byproducts ................ 0.15 

* * * * * * * 

Horse, meat ................................ 0.08 

Horse, meat byproducts ............. 0.60 

* * * * * * * 

Sheep, meat ............................... 0.08 

Sheep, meat byproducts ............ 0.60 

* * * * * * * 

* * * * * 

[FR Doc. 2011–22866 Filed 9–6–11; 8:45 am] 

BILLING CODE 6560–50–P 

GENERAL SERVICES 

ADMINISTRATION 

41 CFR Parts 300–3, 301–2, 301–10, 

301–11, 301–52, 301–70, and 301–71 

[FTR Amendment 2011–03; FTR Case 2011– 

301; Docket 2011–0018, Sequence 1] 

RIN 3090–AJ11 

Federal Travel Regulation; Per Diem, 

Miscellaneous Amendments 

AGENCY: Office of Governmentwide 

Policy, General Services Administration 

(GSA). 

ACTION: Interim rule with request for 

comments. 

SUMMARY: GSA is amending the Federal 

Travel Regulation (FTR) by changing, 

updating, and clarifying various 

provisions of Chapters 300 and 301 

regarding temporary duty (TDY) travel. 

These changes include adjusting the 

definition of incidental expenses; 

clarifying necessary deduction amounts 

from the meals and incidental expense 

(M&IE) reimbursement on travel days; 

extending agencies the authority to 

issue blanket actual expense approval 

for TDY travel during PresidentiallyDeclared Disasters; and updating other 

miscellaneous provisions. 

DATES: Effective Date: September 7, 

2011. 

Comment Due Date: Interested parties 

should submit written comments to the 

Regulatory Secretariat by November 7, 

2011 to be considered in the 

formulation of a final rule. 

ADDRESSES: Submit comments 

identified by FTR case 2011–301 by any 

of the following methods: 

• Federal eRulemaking Portals: 

http://www.regulations.gov. Submit 

comments via the Federal eRulemaking 

portal by inputting ‘‘FTR Case 2011– 

301’’ under the heading ‘‘Enter Keyword 

or ID’’ and selecting ‘‘Search.’’ Select 

the link ‘‘Submit a Comment’’ that 

corresponds with ‘‘FTR Case 2011– 

301.’’ Follow the instructions provided 

at the ‘‘Submit a Comment’’ screen. 

Please include your name, company 

name (if any), and ‘‘FTR Case 2011– 

301’’ on your attached document. 

• Fax: 202–501–4067. 

• Mail: General Services 

Administration, Regulatory Secretariat 

(MVCB), Attn: Hada Flowers, 1275 First 

Street, NE., 7th Floor, Washington, DC 

20417. 

Instructions: Please submit comments 

only and cite FTR case 2011–301 in all 

correspondence related to this case. All 

comments received will be posted 

without change to http:// 

www.regulations.gov, including any 

personal information provided. 

FOR FURTHER INFORMATION CONTACT: The 

Regulatory Secretariat (MVCB), 1275 

First St., NE., Washington, DC 20417, 

(202) 501–4755, for information 

pertaining to status or publication 

schedules. For clarification of content, 

contact Mr. Cy Greenidge, Program 

Analyst, Office of Governmentwide 

Policy, at (202) 219–2349. Please cite 

FTR Amendment 2011–03; FTR case 

2011–301. 


jlentini on DSK4TPTVN1PROD with RULES