### 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 PRAA4–1**  **T ; exemption from the**  **requirement of a tolerance.**

An exemption from the requirement of a tolerance is established for residues of Chromobacterium subtsugae strain PRAA4–1 T 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


### 55273 Federal Register / Vol. 76, No. 173 / Wednesday, September 7, 2011 / Rules and Regulations

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 approvalfor 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.