Federal Register / Vol. 87, No. 38 / Friday, February 25, 2022 / Proposed Rules 10761 

II. What action is the Agency taking? 

EPA is announcing receipt of 

pesticide petitions filed under section 

408 of the Federal Food, Drug, and 

Cosmetic Act (FFDCA), 21 U.S.C. 346a, 

requesting the establishment or 

modification of regulations in 40 CFR 

part 174 or part 180 for residues of 

pesticide chemicals in or on various 

food commodities. The Agency is taking 

public comment on the requests before 

responding to the petitioners. EPA is not 

proposing any particular action at this 

time. EPA has determined that the 

pesticide petitions described in this 

document contain data or information 

prescribed in FFDCA section 408(d)(2), 

21 U.S.C. 346a(d)(2); however, EPA has 

not fully evaluated the sufficiency of the 

submitted data at this time or whether 

the data supports granting of the 

pesticide petitions. After considering 

the public comments, EPA intends to 

evaluate whether and what action may 

be warranted. Additional data may be 

needed before EPA can make a final 

determination on these pesticide 

petitions. 

Pursuant to 40 CFR 180.7(f), 

summaries of the petitions that are the 

subject of this document, prepared by 

the petitioners, are included in dockets 

EPA has created for these rulemakings. 

The dockets for these petitions are 

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

As specified in FFDCA section 

408(d)(3), 21 U.S.C. 346a(d)(3), EPA is 

publishing notice of the petitions so that 

the public has an opportunity to 

comment on these requests for the 

establishment or modification of 

regulations for residues of pesticides in 

or on food commodities. Further 

information on the petitions may be 

obtained through the petition 

summaries referenced in this unit. 

A. Amended Tolerance Exemptions for 

Inerts (Except PIPS) 

• IN–11603. (EPA–HQ–OPP–2021– 

0774). Exponent, Inc (1150 Connecticut 

Ave. NW, Suite 1100, Washington, DC 

20036) on behalf of Gaylord Chemical 

Company (106 Galeria Boulevard, 

Slidell, LA 70458) requests to amend an 

exemption from the requirement of a 

tolerance for residues of dimethyl 

sulfoxide (CAS Reg. No. 67–68–5) for 

use as an inert ingredient (solvent, cosolvent) in pesticide formulations 

applied to growing crops pre-harvest 

under 40 CFR 180.920 without 

limitation. The petitioner believes no 

analytical method is needed because it 

is not required for an exemption from 

the requirement of a tolerance. Contact: 

RD. 

B. New Tolerance Exemptions for Inerts 

(Except PIPS) 

• IN–11632. (EPA–HQ–OPP–2021– 

0866). Technology Sciences Group Inc. 

(1150 18th Street NW, Suite 1000, 

Washington, DC 20036) on behalf of 

Lanxess Corporation (111 RIDC Park 

West Drive, Pittsburgh, PA 15275) 

requests to establish an exemption from 

the requirement of a tolerance for 

residues of tris (2-ethylhexyl) phosphate 

(CAS Reg. No. 78–42–2) for use as an 

inert ingredient (adjuvant) in pesticide 

formulations applied to growing crops 

pre- and post-harvest under 40 CFR 

180.910 without limitation. The 

petitioner believes no analytical method 

is needed because it is not required for 

an exemption from the requirement of a 

tolerance. Contact: RD. 

C. Notice of Filing—New Tolerances for 

Non-Inerts 

• PP 1E8949. (EPA–HQ–OPP–2021– 

0646). Nichino America, Inc., 4550 

Linden Hill Rd., Suite 501, Wilmingon, 

DE 19808, requests to establish a 

tolerance in 40 CFR part 180 for 

residues of the insecticide, 

benzpyrimoxan, in or on rice, grain at 

0.9 parts per million (ppm). The LC– 

MS/MS analytical method was used in 

the residue studies. The method 

involves extraction of benzpyrimoxan 

and NNI–1501–2–OH from crop 

matrices and LC–MS/MS detection and 

was validated using unhulled rice, 

unpolished (brown) rice, and rice straw 

to measure and evaluate the chemical 

benzpyrimoxan. Contact: RD. 

• PP 1E8961. (EPA–HQ–OPP–2022– 

0101). Interregional Research Project 

Number 4 (IR–4), IR–4 Project 

Headquarters, North Carolina State 

University, 1730 Varsity Drive, Venture 

IV, Suite 210, Raleigh, NC 27606, 

requests to establish a tolerance in 40 

CFR 180.690 for residues of 

mandestrobin, 2-[(2,5- 

dimethylphenoxy)methyl]-a-methoxyN-methylbenzeneacetamide in or on the 

raw agricultural commodity Vegetable, 

tuberous and corm, except potato, 

subgroup 1D at 0.01 parts per million. 

An independently validated analytical 

method has been submitted for 

analyzing the chemical. Contact: RD. 

Authority: 21 U.S.C. 346a. 

Dated: February 9, 2022. 

Delores Barber, 

Director, Information Technology and 

Resources Management Division, Office of 

Program Support. 

[FR Doc. 2022–04019 Filed 2–24–22; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Centers for Medicare & Medicaid 

Services 

42 CFR Parts 422 and 423 

[CMS–4192–CN] 

RIN 0938–AU30 

Medicare Program; Contract Year 2023 

Policy and Technical Changes to the 

Medicare Advantage and Medicare 

Prescription Drug Benefit Programs; 

Correction 

AGENCY: Centers for Medicare & 

Medicaid Services (CMS), Department 

of Health and Human Services (HHS). 

ACTION: Proposed rule; correction. 

SUMMARY: This document corrects 

technical errors that appeared in the 

proposed rule published in the Federal 

Register on January 12, 2022 entitled 

‘‘Medicare Program; Contract Year 2023 

Policy and Technical Changes to the 

Medicare Advantage and Medicare 

Prescription Drug Benefit Programs.’’ 

FOR FURTHER INFORMATION CONTACT: 

Marna Metcalf-Akbar, (410) 786–8251. 

Melissa Seeley, (212) 616–2329. 

SUPPLEMENTARY INFORMATION: 

I. Background 

In FR Doc. 2022–00117 of January 12, 

2022 (87 FR 1842), there were several 

technical errors that are identified and 

corrected in this correcting document. 

II. Summary of Errors 

On page 1899, in discussion of the 

proposed regulations text changes for 

the assessment of past performance, we 

made an error in a regulatory citation. 

On page 1925, in our discussion of the 

information collection requirements for 

limiting certain Medicare Advantage 

contracts to dual special needs plans 

(D–SNPs), we inadvertently omitted 

language regarding when we will submit 

information on the number of 

respondents and the time estimates to 

the public and OMB. 

III. Correction of Errors 

In FR Doc. 2022–00117 of January 12, 

2022 (87 FR 1842), make the following 

corrections: 

1. On page 1899, first column, first 

full paragraph, line 3, the reference 

‘‘§ 422.505(n)’’ is corrected to read 

‘‘§ 423.505(n)’’. 

2. On page 1925, first column, after 

the first full paragraph that begins with 

the phrase ‘‘The burden for an initial 

Part D’’, the text is corrected by adding 

the following paragraph to read as 

follows: 


lotter on DSK11XQN23PROD with PROPOSALS1
10762 Federal Register / Vol. 87, No. 38 / Friday, February 25, 2022 / Proposed Rules 

‘‘While we anticipate changes to the 

number of respondents and our active 

time estimates for the Part C and Part D 

applications, if this proposal is finalized 

we would revise control numbers 0938– 

0935 (CMS–10237) and 0938–0936 

(CMS–10137) for the 2025 plan year 

application and prior to the effective 

date of the requirement. The CMS– 

10237 and CMS–10137 collection of 

information materials would be made 

available to the public for review/ 

comment under the standard PRA 

process which includes the publication 

of 60- and 30-day Federal Register 

notices and the posting of the collection 

of information documents on our PRA 

website.’’ 

Karuna Seshasai, 

Executive Secretary to the Department, 

Department of Health and Human Services. 

[FR Doc. 2022–03966 Filed 2–24–22; 8:45 am] 

BILLING CODE 4120–01–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 648 

[Docket No. 220222–0052] 

RIN 0648–BL15 

Fisheries of the Northeastern United 

States; Atlantic Spiny Dogfish Fishery; 

2022 Specifications and Trip Limit 

Adjustment 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Proposed rule; request for 

comments. 

SUMMARY: NMFS proposes Atlantic 

spiny dogfish specifications for the 2022 

fishing year, and an adjustment to the 

commercial trip limit, as recommended 

by the Mid-Atlantic and New England 

Fishery Management Councils. This 

action is necessary to establish 

allowable harvest levels and other 

management measures to prevent 

overfishing while enabling optimum 

yield, using the best scientific 

information available. This rulemaking 

also informs the public of the proposed 

fishery action and provides an 

opportunity for comment. 

DATES: Comments must be received by 

March 14, 2022. 

ADDRESSES: You may submit comments 

on this document, identified by NOAA– 

NMFS–2022–0008, by the following 

method: 

Electronic Submission: Submit all 

electronic public comments via the 

Federal e-Rulemaking Portal. 

1. Go to https://www.regulations.gov, 

and enter ‘‘NOAA–NMFS–2022–0008’’ 

in the Search box; 

2. Click the ‘‘Comment’’ icon, 

complete the required fields; and 

3. Enter or attach your comments. 

Instructions: Comments sent by any 

other method, to any other address or 

individual, or received after the end of 

the comment period, may not be 

considered by NMFS. All comments 

received are a part of the public record 

and will generally be posted for public 

viewing on www.regulations.gov 

without change. All personal identifying 

information (e.g., name, address, etc.), 

confidential business information, or 

otherwise sensitive information 

submitted voluntarily by the sender will 

be publicly accessible. NMFS will 

accept anonymous comments (enter 

‘‘N/A’’ in the required fields if you wish 

to remain anonymous). If you are unable 

to submit your comment through 

www.regulations.gov, contact Cynthia 

Ferrio, Fishery Policy Analyst, 

Cynthia.Ferrio@noaa.gov. 

Copies of the Supplemental 

Information Report (SIR) and other 

supporting documents for this action are 

available upon request from Dr. 

Christopher M. Moore, Executive 

Director, Mid-Atlantic Fishery 

Management Council, Suite 201, 800 

North State Street, Dover, DE 19901. 

These documents are also accessible via 

the internet at http://www.mafmc.org/ 

supporting-documents. 

FOR FURTHER INFORMATION CONTACT: 

Cynthia Ferrio, Fishery Policy Analyst, 

(978) 281–9180. 

SUPPLEMENTARY INFORMATION: 

Background 

The Mid-Atlantic and New England 

Fishery Management Councils jointly 

manage the Atlantic Spiny Dogfish 

Fishery Management Plan (FMP), with 

the Mid-Atlantic Council acting as the 

administrative lead. Additionally, the 

Atlantic States Marine Fisheries 

Commission manages the spiny dogfish 

fishery in state waters from Maine to 

North Carolina through an interstate 

fishery management plan. The federal 

FMP requires the specification of an 

acceptable biological catch (ABC), 

annual catch limit (ACL), annual catch 

target (ACT), total allowable landings 

(TAL), and a coastwide commercial 

quota. These limits and other related 

management measures may be set for up 

to five fishing years at a time, with each 

fishing year running from May 1 

through April 30. This action proposes 

status quo specifications for fishing year 

2022, and an increased commercial trip 

limit for the Atlantic spiny dogfish 

fishery, as recommended by the 

Councils. 

The spiny dogfish fishery is currently 

operating under multi-year 

specifications for fishing years 2021 and 

2022 based on a 2020 assessment update 

and the Mid-Atlantic Council’s updated 

risk policy. The 2021 trawl survey 

conducted by the Northeast Fisheries 

Science Center showed little change 

from recent years in the spiny dogfish 

stock. As a result, the Mid-Atlantic 

Council’s Scientific and Statistical 

Committee (SSC), the Spiny Dogfish 

Monitoring Committee, and the Joint 

Spiny Dogfish Committee (which 

includes members from both Councils) 

all agreed that no changes are necessary 

to the previously-projected 

specifications for fishing year 2022. 

Upon review, both Councils also 

recommended status quo catch 

specifications for 2022. 

During meetings of the Spiny Dogfish 

Advisory Panel and Committees in 

2021, industry representatives requested 

an increase in the federal commercial 

trip limit as a way to provide more 

economic stability and opportunity to 

fully achieve the commercial quotas 

provided to the fishery. The commercial 

fishery has consistently harvested less 

than 60 percent of the coastwide quota 

in the past five years (with one 

exception in 2019 when there was a 

substantially smaller quota). Changes to 

the trip limit have been considered in 

recent years without action to this point. 

The different management committees 

decided that a moderate increase of 25 

percent could provide the requested 

flexibility and opportunity while 

minimizing risk of negative impacts to 

the resource or markets. Both Councils 

reviewed and approved this decision at 

their respective meetings in October and 

December 2021, and recommended 

increasing the 6,000-lb (2,722-kg) 

commercial trip limit to 7,500 lb (3,402 

kg) through this proposed action. 

Proposed Measures 

This action proposes the Councils’ 

recommendations for status quo 2022 

spiny dogfish specifications (Table 1), 

and a 25-percent increase to the 

commercial trip limit from 6,000 lb 

(2,722 kg) per trip to 7,500 lb (3,402 kg) 

per trip. These proposed measures are 

consistent with the SSC, Joint 

Committee, and Monitoring Committee 

recommendations (Table 1). 


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