[Federal Register Volume 86, Number 185 (Tuesday, September 28, 2021)]
[Rules and Regulations]
[Pages 53557-53558]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-20357]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2019-0385; FRL-8400-02-OCSPP]


Metaflumizone; Pesticide Tolerances; Technical Correction

AGENCY: Environmental Protection Agency (EPA).

ACTION: Correcting amendment.

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SUMMARY: EPA issued a final rule in the Federal Register of April 19, 
2021, establishing tolerances for residues of the insecticide 
metaflumizone in or on multiple commodities requested by BASF 
Corporation under the Federal Food, Drug, and Cosmetic Act (FFDCA). 
That document inadvertently requested removal of tolerances for the 
crop group fruit, stone, group 12-12. This document corrects the final 
regulation.

DATES: This correction is effective September 28, 2021.

[[Page 53558]]


ADDRESSES: The docket for this action, identified by docket 
identification (ID) number EPA-HQ-OPP-2019-0385, is available at http://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 is (202) 566-1744, and the telephone number for the OPP 
Docket is (703) 305-5805.
    Due to the public health concerns related to COVID-19, the EPA 
Docket Center (EPA/DC) and Reading Room is closed to visitors with 
limited exceptions. The staff continues to provide remote customer 
service via email, phone, and webform. For the latest status 
information on EPA/DC services and docket access, visit https://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: Marietta Echeverria, Acting Director, 
Registration Division (7505P), Office of Pesticide Programs, 
Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington, 
DC 20460-0001; telephone number: (703) 305-7090; email address: 
<a href="/cdn-cgi/l/email-protection#4e1c0a081c00213a272d2b3d0e2b3e2f60292138"><span class="__cf_email__" data-cfemail="f7a5b3b1a5b998839e949284b7928796d9909881">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:

I. Does this action apply to me?

    The Agency included in the April 19, 2021 final rule a list of 
those who may be potentially affected by this action.

II. What does this technical correction do?

    EPA issued a final rule in the Federal Register of April 19, 2021 
(86 FR 20290) (FRL-10018-60) that established tolerances for residues 
of the insecticide metaflumizone in or on multiple commodities. While 
establishing tolerances in response to a petition requesting these 
tolerances, EPA included erroneous language in its instructions to the 
Federal Register, by directing the removal of the existing tolerance 
established in Sec.  180.657 for ``Fruit, stone, group 12-12''. Instead 
of instructing the Federal Register to Remove the entries for ``Fruit, 
citrus, group 10-10''; ``Fruit, pome, group 11-10''; and ``Fruit, 
stone, group 12-12'' the instructions should have only directed the 
removal of entries for ``Fruit, citrus, group 10-10'' and ``Fruit, 
pome, group 11-10''. EPA's instructions to remove the tolerances for 
``Fruit, stone, group 12-12'' were not consistent with its authority 
under FFDCA section 408(d)(4)(A). Therefore, EPA is rescinding its 
instruction to remove ``Fruit, stone, group 12-12'' and reinstating the 
tolerance level at 0.04 parts per million.

III. Why is this correction 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 
correction final without prior proposal and opportunity for comment, 
because EPA inadvertently deleted the existing tolerance established 
for ``Fruit, stone, group 12-12''. 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?

    No. For a detailed discussion concerning the statutory and 
Executive order review, refer to Unit VI. of the April 19, 2021 final 
rule.

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: September 14, 2021.
Marietta Echeverria,
Acting Director, Registration Division, Office of Pesticide Programs.

    Therefore, for the reasons stated in the preamble, EPA is 
correcting 40 CFR part 180 as follows:

PART 180--TOLERANCES AND EXEMPTIONS FOR PESTICIDE CHEMICAL RESIDUES 
IN FOOD

0
1. The authority citation for part 180 continues to read as follows:

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


0
2. In Sec.  180.657, amend the table in paragraph (a)(1) by adding in 
alphabetical order the entry ``Fruit, stone, group 12-12'' to read as 
follows:


Sec.  180.657  Metaflumizone; tolerances for residues.

    (a) * * *
    (1) * * *

                       Table 1 to Paragraph (a)(1)
------------------------------------------------------------------------
                                                             Parts per
                        Commodity                             million
------------------------------------------------------------------------
 
                                * * * * *
Fruit, stone, group 12-12...............................            0.04
 
                                * * * * *
------------------------------------------------------------------------

* * * * *
[FR Doc. 2021-20357 Filed 9-27-21; 8:45 am]
BILLING CODE 6560-50-P


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