Federal Register / Vol. 88, No. 212 / Friday, November 3, 2023 / Rules and Regulations 75503 

(1) EPA-APPROVED NORTH CAROLINA REGULATIONS—Continued 

State citation Title/subject State effective 

date EPA approval date Explanation 

*******

* * * * * 

[FR Doc. 2023–24033 Filed 11–2–23; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2023–0507; FRL–11517–01– 

OCSPP] 

Extension of Tolerances for 

Emergency Exemptions; Multiple 

Chemicals 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: This regulation extends timelimited tolerances for residues of 

clothianidin, kasugamycin, methyl 

bromide, and triclopyr in or on various 

commodities as identified in this 

document. These actions are in response 

to EPA’s granting of emergency 

exemptions under section 18 of the 

Federal Insecticide, Fungicide, and 

Rodenticide Act (FIFRA) authorizing 

use of these pesticides. In addition, the 

Federal Food, Drug, and Cosmetic Act 

(FFDCA) requires EPA to establish a 

time-limited tolerance or exemption 

from the requirement for a tolerance for 

pesticide chemical residues in food that 

will result from the use of a pesticide 

under an emergency exemption granted 

by EPA under FIFRA. Additionally, EPA 

is removing time-limited tolerances for 

residues of flupyradifurone in or on 

sugar cane and sweet sorghum 

commodities. 

DATES: This regulation is effective 

November 3, 2023. Objections and 

requests for hearings must be received 

on or before January 2, 2024 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: The docket for this action, 

identified by docket identification (ID) 

number EPA–HQ–OPP–2023–0507, 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 (7505P), 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. 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. The following 

list of North American Industrial 

Classification System (NAICS) codes is 

not intended to be exhaustive, but rather 

provides a guide to help readers 

determine whether this document 

applies to them. Potentially affected 

entities may include: 

• Crop production (NAICS code 111). 

• Animal production (NAICS code 

112). 

• Food manufacturing (NAICS code 

311). 

• Pesticide manufacturing (NAICS 

code 32532). 

B. How can I get electronic access to 

other related information? 

You may access a frequently updated 

electronic version of 40 CFR part 180 

through the Office of the Federal 

Register’s e-CFR site at https://

www.ecfr.gov/current/title-40. 

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–2023–0507 in the subject line on 

the first page of your submission. All 

requests must be in writing and must be 

received by the Hearing Clerk on or 

before January 2, 2024. 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 (excluding 

any Confidential Business Information 

(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 the non-CBI copy of your 

objection or hearing request, identified 

by docket ID number EPA–HQ–OPP– 

2023–0507, by one of the following 

methods: 

• Federal eRulemaking Portal: 

https://www.regulations.gov. Follow the 

online instructions for submitting 

comments. Do not submit electronically 

any information you consider to be CBI 

or other information whose disclosure is 

restricted by statute. 

• Mail: OPP Docket, Environmental 

Protection Agency Docket Center (EPA/ 

DC), (28221T), 1200 Pennsylvania Ave. 

NW, Washington, DC 20460–0001. 

• Hand Delivery: To make special 

arrangements for hand delivery or 

delivery of boxed information, please 

follow the instructions at https://

www.epa.gov/dockets/where-sendcomments-epa-dockets. 

Additional instructions on 

commenting or visiting the docket, 

along with more information about 

dockets generally, is available at https:// 

www.epa.gov/dockets. 

II. Background and Statutory Findings 

EPA previously published final rules 

establishing time-limited tolerances in 

the Federal Register for the chemicals 

and commodities listed below under 

FFDCA section 408, 21 U.S.C. 346a. 

EPA established the tolerances because 

FFDCA section 408(l)(6) requires EPA to 

establish a time-limited tolerance or 

exemption from the requirement for a 

tolerance for pesticide chemical 

residues in food that will result from the 

use of a pesticide under an emergency 

exemption granted by EPA under FIFRA 

section 18. Such tolerances can be 


lotter on DSK11XQN23PROD with RULES1
75504 Federal Register / Vol. 88, No. 212 / Friday, November 3, 2023 / Rules and Regulations 

established without providing notice or 

period for public comment. 

EPA received requests to extend 

emergency uses of clothianidin, 

kasugamycin, methyl bromide, and 

triclopyr on various commodities for 

this year’s growing season. After having 

reviewed the submissions, EPA concurs 

that emergency conditions continue to 

exist. EPA assessed the potential risks 

presented by residues of each chemical 

in or on the pertinent commodities. In 

doing so, EPA considered the safety 

standard in FFDCA section 408(b)(2) 

and decided that the necessary 

tolerances under FFDCA section 

408(l)(6) would be consistent with the 

safety standard and with FIFRA section 

18. The data and other relevant material 

have been evaluated and were discussed 

in the final rules originally establishing 

the time-limited tolerances. Based on 

those data and information considered, 

the Agency reaffirms that extensions of 

the time-limited tolerances will 

continue to meet the requirements of 

FFDCA section 408(l)(6). Therefore, the 

time-limited tolerances are extended 

until December 31, 2026. Although 

these tolerances will expire and are 

revoked on December 31, 2026, under 

FFDCA section 408(l)(5), residues of the 

pesticides not in excess of the amounts 

specified in the tolerances remaining in 

or on the commodities after that date 

will not be unlawful, provided the 

residues are present as a result of an 

application or use of a pesticide at a 

time and manner that was lawful under 

FIFRA, the tolerance was in place at the 

time of the application, and the residues 

do not exceed the level that was 

authorized by the tolerance. EPA will 

take action to revoke the tolerances 

earlier if any experience with, scientific 

data on, or other relevant information 

on any of these pesticides indicate that 

the residues are not safe. EPA will 

publish a document in the Federal 

Register to remove the revoked 

tolerances from the Code of Federal 

Regulations (CFR). 

Time-limited tolerances for the use of 

the following pesticide chemicals on 

specific commodities as noted are being 

extended: 

Clothianidin. Pursuant to a request by 

the Florida Department of Agriculture 

and Consumer Services, EPA authorized 

under FIFRA section 18 the use of 

clothianidin on citrus for control of the 

Asian citrus psyllid in Florida. This 

regulation extends a time-limited 

tolerance for residues of the insecticide 

clothianidin and its metabolites and 

degradates in or on fruit, citrus, group 

10–10 at 0.07 parts per million (ppm) 

for an additional 3-year period. This 

tolerance will expire and is revoked on 

December 31, 2026. The time-limited 

tolerance was originally published in 

the Federal Register of February 25, 

2015 (80 FR 10003) (FRL–9919–59). 

Flupyradifurone. The time-limited 

tolerances are being removed at 40 CFR 

180.679(b) for residues of the insecticide 

flupyradifurone and its metabolites in or 

on sorghum, syrup at 90.0 ppm and 

sweet sorghum, forage at 30.0 ppm 

which expired on December 31, 2022; 

and in or on sugarcane, cane at 3 ppm 

and sugarcane, molasses at 90 ppm, 

which expire on December 31, 2023. 

The applicant has not submitted a 

request for further use of 

flupyradifurone sugarcane; and use on 

sweet sorghum gained registration 

under Section 3 of FIFRA. The timelimited tolerances were originally 

published in the Federal Register of 

June 25, 2021 (86 FR 21944) (FRL– 

10029–49). 

Kasugamycin. Pursuant to a request 

by the California Department of 

Pesticide Regulation, EPA authorized 

under FIFRA section 18 the use of 

kasugamycin on almonds for control of 

bacterial blast in California. This 

regulation extends time-limited 

tolerances for residues of the pesticide 

kasugamycin and its metabolites and 

degradates in or on almond at 0.04 

(ppm); and almond hulls at 0.4 ppm for 

an additional 3-year period. The 

tolerances will expire and are revoked 

on December 31, 2026. The time-limited 

tolerances were originally published in 

the Federal Register of October 8, 2020 

(85 FR 63450) (FRL–10013–94). 

Methyl bromide. Pursuant to a request 

by the US Department of Agriculture, 

Animal and Plant Health Inspection 

Service, EPA authorized under FIFRA 

section 18 the use of methyl bromide on 

certain imported and domestic 

commodities, post-harvest for control of 

invasive non-indigenous quarantine 

plant pests and to prevent the 

introduction and/or spread of any new 

or recently introduced foreign pests to 

the United States. This regulation 

extends time-limited tolerances for 

residues of the pesticide methyl 

bromide, including its metabolites and 

degradates, in or on the commodities 

identified in 40 CFR 180.124(b) (and 

listed in the regulatory text section of 

this document) at the levels listed for an 

additional 3-year period. The tolerances 

will expire and are revoked on 

December 31, 2026. The time-limited 

tolerances were originally published in 

the Federal Register of March 1, 2018 

(83 FR 8758) (FRL–9971–19) and 

October 16, 2020 (85 FR 65729) (FRL– 

10014–31). 

Triclopyr. Pursuant to a request by the 

Louisiana Department of Agriculture 

and Forestry, EPA authorized under 

FIFRA section 18 the use of triclopyr on 

sugarcane for control of divine 

nightshade in Louisiana. This regulation 

extends a time-limited tolerance for 

residues of the herbicide triclopyr and 

its metabolites and degradates in or on 

sugarcane, cane at 40 ppm for an 

additional 3-year period. The tolerance 

will expire and is revoked on December 

31, 2026. A time-limited tolerance was 

originally published in the Federal 

Register of June 8, 2017 (82 FR 26599) 

(FRL–9961–29). 

III. 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 

United Nations 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 any 

MRLs for flupyradifurone, kasugamycin, 

methyl bromide, or triclopyr in or on 

the commodities listed in this 

document. The Codex has established 

an MRL for clothianidin in or on citrus 

at 0.07 ppm, the same as the tolerance 

established for fruit, citrus, group 10–10 

in the United States. Therefore, there are 

no harmonization issues. 

IV. Statutory and Executive Order 

Reviews 

This action establishes tolerances 

under FFDCA section 408(d). 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 action has been exempted 

from review under Executive Order 

12866, this action 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 


lotter on DSK11XQN23PROD with RULES1
Federal Register / Vol. 88, No. 212 / Friday, November 3, 2023 / Rules and Regulations 75505 

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

This action 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 in accordance with 

FFDCA sections 408(e) and 408(l)(6), 

such as the tolerances 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 action 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 FFDCA 

section 408(n)(4). 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 action. In 

addition, this action does not impose 

any enforceable duty or contain any 

unfunded mandate as described under 

Title II of the Unfunded Mandates 

Reform Act (UMRA) (2 U.S.C. 1501 et 

seq.). 

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 

(NTTAA) (15 U.S.C. 272 note). 

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: October 27, 2023. 

Charles Smith, 

Director, Registration Division, Office of 

Pesticide Programs. 

Therefore, for the reasons stated in the 

preamble, EPA is amending 40 CFR 

chapter I 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 § 180.124, revise table 2 to 

paragraph (b) to read as follows: 

§ 180.124 Methyl bromide; tolerances for 

residues. 

* * * * * 

(b) * * * 

TABLE 2 TO PARAGRAPH (b) 

Commodity Parts per 

million 

Expiration/ 

revocation date 

Berry and small fruit, group 13–07 .................................................................................................................... 5.0 12/31/26 

Cactus ................................................................................................................................................................ 3.0 12/31/26 

Coconut, copra .................................................................................................................................................. 8.0 12/31/26 

Coffee, green bean ............................................................................................................................................ 150 12/31/26 

Cola, seed .......................................................................................................................................................... 150 12/31/26 

Cucurbit, seed .................................................................................................................................................... 150 12/31/26 

Fig ...................................................................................................................................................................... 10 12/31/26 

Fruit, citrus, group 10–10 .................................................................................................................................. 2 12/31/26 

Fruit, stone, group 12–12 .................................................................................................................................. 5.0 12/31/26 

Fruit, tropical and subtropical, edible peel, group 23 ........................................................................................ 10 12/31/26 

Fruit, tropical and subtropical, inedible peel, group 24 ..................................................................................... 5.0 12/31/26 

Herb and spice, group 19 .................................................................................................................................. 35 12/31/26 

Hibiscus, seed ................................................................................................................................................... 150 12/31/26 

Ivy gourd ............................................................................................................................................................ 5.0 12/31/26 

Kaffir lime, leaves .............................................................................................................................................. 0.50 12/31/26 

Kenaf, seed ........................................................................................................................................................ 150 12/31/26 

Oilseed group 20 ............................................................................................................................................... 150 12/31/26 

Peppermint, tops ................................................................................................................................................ 35 12/31/26 

Pointed gourd .................................................................................................................................................... 5.0 12/31/26 

Spearmint, tops .................................................................................................................................................. 35 12/31/26 

Vegetable, bulb, group 3–07 ............................................................................................................................. 2.0 12/31/26 

Vegetable, cucurbit, group 9 ............................................................................................................................. 5.0 12/31/26 

Vegetable, foliage of legume, group 7 .............................................................................................................. 0.50 12/31/26 

Vegetable, fruiting, group 8–10 ......................................................................................................................... 7.0 12/31/26 

Vegetable, head and stem Brassica, group 5–16 ............................................................................................. 1.0 12/31/26 

Vegetable, leafy, group 4–16 ............................................................................................................................ 0.50 12/31/26 

Vegetable, leaves of root and tuber, group 2 ................................................................................................... 0.50 12/31/26 

Vegetable, legume, group 6 .............................................................................................................................. 3.0 12/31/26 

Vegetable, root and tuber, group 1 ................................................................................................................... 3.0 12/31/26 

Vegetable, stalk, stem and leaf petiole, group 22 ............................................................................................. 0.50 12/31/26 


lotter on DSK11XQN23PROD with RULES1
75506 Federal Register / Vol. 88, No. 212 / Friday, November 3, 2023 / Rules and Regulations 

* * * * * 

■ 3. In § 180.417, revise table 3 to 

paragraph (b) to read as follows: 

§ 180.417 Triclopyr; tolerances for 

residues. 

* * * * * 

(b) * * * 

TABLE 3 TO PARAGRAPH (b) 

Commodity Parts per 

million 

Expiration/ 

revocation date 

Sugarcane, cane ................................................................................................................................................ 40 12/31/26 

* * * * * 

■ 4. In § 180.586, add a heading to the 

table in paragraph (b) and revise the 

entry for ‘‘Fruit, citrus, group 10–10’’ in 

the table to read as follows: 

§ 180.586 Clothianidin; tolerances for 

residues. 

* * * * * 

(b) * * * 

TABLE 3 TO PARAGRAPH (b) 

Commodity Parts per 

million 

Expiration/ 

revocation date 

Fruit, citrus, group 10–10 ................................................................................................................................... 0.07 12/31/26 

* * * * * * * 

* * * * * 

§ 180.679 [Amended] 

■ 5. In § 180.679, remove and reserve 

paragraph (b). 

[FR Doc. 2023–24190 Filed 11–2–23; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

50 CFR Part 17 

[Docket No. FWS–HQ–ES–2018–0097; 

FF09E22000 FXES1113090FEDR 223] 

RIN 1018–BD60 

Endangered and Threatened Wildlife 

and Plants; Reinstatement of 

Endangered Species Act Protections 

for the Gray Wolf (Canis Lupus) in 

Compliance With Court Order 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Final rule. 

SUMMARY: We, the U.S. Fish and 

Wildlife Service (Service), are issuing 

this final rule to comply with a district 

court order that vacated our November 

3, 2020, rule removing the gray wolf 

(Canis lupus) from the List of 

Endangered and Threatened Wildlife. 

As a result of the court’s order, the 

regulatory protections under the 

Endangered Species Act of 1973, as 

amended (Act), apply to the gray wolf 

in all or portions of the 45 U.S. States 

and Mexico where the species was 

listed at the time we issued the delisting 

rule. The court order went into effect on 

February 10, 2022, and is the subject of 

several consolidated, pending appeals 

in the Ninth Circuit. While those 

appeals are pending, the Service is 

bound by the district court’s order. 

Thus, this final rule implements the 

court’s order by correcting the Code of 

Federal Regulations and officially 

reinstating threatened status for gray 

wolf in Minnesota; endangered status 

for gray wolf in all or portions of the 

remaining 44 U.S. States and Mexico 

where the species was listed prior to our 

November 2020 delisting rule; critical 

habitat for gray wolf in Minnesota and 

Michigan; and the rule promulgated 

under section 4(d) of the Act for gray 

wolf in Minnesota. Gray wolves in 

Montana, Idaho, Wyoming, the eastern 

third of Washington and Oregon, and 

north-central Utah (collectively, the 

Northern Rocky Mountains) retain their 

delisted status and are not affected by 

this final rule. This rule does not have 

any effect on the separate listing of the 

Mexican wolf subspecies (Canis lupus 

baileyi) as endangered under the Act. 

DATES: This action is effective 

November 3, 2023. However, the court 

order had legal effect immediately upon 

its filing on February 10, 2022. 

ADDRESSES: This final rule is available 

on the internet at https://

www.regulations.gov in Docket No. 

FWS–HQ–ES–2018–0097. 

FOR FURTHER INFORMATION CONTACT: 

Rachel London, Chief, Branch of 

Delisting and Foreign Species, 

Ecological Services, U.S. Fish and 

Wildlife Service, Headquarters Office, 

MS:ES, 5275, Leesburg Pike, Falls 

Church, VA 22041–3803; telephone 

(703) 358–2491. Individuals in the 

United States who are deaf, deafblind, 

hard of hearing, or have a speech 

disability may dial 711 (TTY, TDD, or 

TeleBraille) to access 

telecommunications relay services. 

Individuals outside the United States 

should use the relay services offered 

within their country to make 

international calls to the point-ofcontact in the United States. 

SUPPLEMENTARY INFORMATION: 

Background 

On November 3, 2020, we published 

a final rule to remove the gray wolf 

entities that were listed at that time in 

the lower 48 United States and Mexico 

from the Federal List of Endangered and 

Threatened Wildlife in title 50 of the 

Code of Federal Regulations (CFR) at 50 

CFR 17.11(h) (85 FR 69778; hereafter 

referred to as ‘‘our 2020 delisting rule’’). 

Additional background information on 

the gray wolf in the lower 48 United 

States and Mexico and on that 

rulemaking decision, including previous 

Federal actions, can be found in our 

2020 delisting rule. The rule became 

effective on January 4, 2021. 

Three lawsuits challenging our 2020 

delisting rule were filed in the U.S. 

District Court for the Northern District 

of California. Defenders of Wildlife v. 

U.S. Fish and Wildlife Service, No. 21– 

00344 (N.D. Cal.), WildEarth Guardians 

v. Bernhardt, No. 21–00349 (N.D. Cal.), 

NRDC v. U.S. Department of the 

Interior, No. 21–00561 (N.D. Cal.). On 

February 10, 2022, the district court 

vacated and remanded our 2020 


lotter on DSK11XQN23PROD with RULES1