80 FR 75430 - Hexythiazox; Pesticide Tolerances; Technical Correction

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 80, Issue 231 (December 2, 2015)

Page Range		75430-75431
FR Document		2015-30514

EPA issued a final rule in the Federal Register of August 14, 2015, concerning the establishment of tolerances with regional registrations for residues of hexythiazox in or on wheat. This document corrects a technical error, specifically, the omission of regions in the commodity definitions.

Federal Register, Volume 80 Issue 231 (Wednesday, December 2, 2015)

[Federal Register Volume 80, Number 231 (Wednesday, December 2, 2015)]
[Rules and Regulations]
[Pages 75430-75431]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-30514]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2014-0804; FRL-9937-02]


Hexythiazox; Pesticide Tolerances; Technical Correction

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule; technical correction.

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SUMMARY: EPA issued a final rule in the Federal Register of August 14, 
2015, concerning the establishment of tolerances with regional 
registrations for residues of hexythiazox in or on wheat. This document 
corrects a technical error, specifically, the omission of regions in 
the commodity definitions.

DATES: This final rule correction is effective December 2, 2015.

[[Page 75431]]


ADDRESSES: The docket for this action, identified by docket 
identification (ID) number EPA-HQ-OPP-2014-0804 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. Please review the visitor instructions and 
additional information about the docket available at http://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: Susan Lewis, 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: RDFRNotices@epa.gov.

SUPPLEMENTARY INFORMATION:

I. Does this action apply to me?

    The Agency included in the August 14, 2015 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 August 14, 2015 
(80 FR 48753) (FRL-9931-30) that established tolerances with regional 
registrations for residues of hexythiazox in or on wheat. EPA 
inadvertently limited the tolerances to Region 11 in the table in 
180.448(c) of the regulatory text, when in fact Regions 9-12 are 
covered by the data supporting the tolerances and the regional 
registrations. This technical correction revises the table in 
180.488(c) to include all the regions intended for the tolerances.
    The preamble for FR Doc. 2015-20012 published in the Federal 
Register issue of August 14, 2015 (80 FR 48753) (FRL-9931-30) is 
corrected as follows:
    1. On page 48757, second column, under the heading ``Part 180--
[Amended]'', paragraph 3, line 12, correct ``Wheat, forage (EPA Region 
11 only)'' to read ``Wheat, forage (EPA Regions 9-12 only)''.
    2. On page 48757, second column, under the heading ``Part 180--
[Amended]'', paragraph 3, line 14, correct ``Wheat, hay (EPA Regions 11 
only)'' to read ``Wheat, hay (EPA Regions 9-12 only)''.
    3. On page 48757, second column, under the heading ``Part 180--
[Amended],'' paragraph 3, line 16, correct ``Wheat, grain (EPA Regions 
11 only'' to read ``Wheat, grain (EPA Regions 9-12 only)''.
    4. On page 48757, second column, under the heading ``Part 180--
[Amended],'' paragraph 3, line 18, correct ``Wheat, straw (EPA Region 
11 only'' to read ``Wheat, straw (EPA Regions 9-12 only)''.

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 this action merely corrects an omission 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?

    No. For a detailed discussion concerning the statutory and 
executive order review, refer to Unit VI of the August 14, 2015 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: November 23, 2015.
Susan Lewis,
Director, Registration Division, Office of Pesticide Programs.

    Therefore, 40 CFR part 180 is corrected as follows:

PART 180--[AMENDED]

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.  [emsp14]180.448(c), remove the commodities ``Wheat, forage 
(EPA Region 11 only)'', ``Wheat, grain (EPA Region 11 only)'', ``Wheat, 
hay (EPA Region 11 only)'', and ``Wheat, straw (EPA Region 11 only)''; 
and add in alphabetical order the commodities listed below to read as 
follows:


Sec.  [emsp14]180.448  Hexythiazox; tolerances for residues.

* * * * *
    (c) * * *

------------------------------------------------------------------------
                                                               Parts per
                          Commodity                             million
------------------------------------------------------------------------
Wheat, forage (EPA Regions 9-12 only).......................         6.0
Wheat, grain (EPA Regions 9-12 only)........................        0.02
Wheat, hay (EPA Regions 9-12 only)..........................          30
Wheat, straw (EPA Regions 9-12 only)........................         8.0
------------------------------------------------------------------------

[FR Doc. 2015-30514 Filed 12-1-15; 8:45 am]
 BILLING CODE 6560-50-P

75430 Federal Register / Vol. 80, No. 231 / Wednesday, December 2, 2015 / Rules and Regulations

required by FFDCA section 408(b)(4). Risks and Safety Risks’’ (62 FR 19885, Register. This action is not a ‘‘major
The Codex Alimentarius is a joint April 23, 1997). This action does not rule’’ as defined by 5 U.S.C. 804(2).
United Nations Food and Agriculture contain any information collections
List of Subjects in 40 CFR Part 180
Organization/World Health subject to OMB approval under the
Organization food standards program, Paperwork Reduction Act (PRA) (44 Environmental protection,
and it is recognized as an international U.S.C. 3501 et seq.), nor does it require Administrative practice and procedure,
food safety standards-setting any special considerations under Agricultural commodities, Pesticides
organization in trade agreements to Executive Order 12898, entitled and pests, Reporting and recordkeeping
which the United States is a party. EPA ‘‘Federal Actions to Address requirements.
may establish a tolerance that is Environmental Justice in Minority Dated: November 23, 2015.
different from a Codex MRL; however, Populations and Low-Income Susan Lewis,
FFDCA section 408(b)(4) requires that Populations’’ (59 FR 7629, February 16, Director, Registration Division, Office of
EPA explain the reasons for departing 1994). Pesticide Programs.
from the Codex level. Since tolerances and exemptions that
The Codex has established MRLs for Therefore, 40 CFR chapter I is
are established on the basis of a petition amended as follows:
etoxazole in or on citrus fruits at 0.1 under FFDCA section 408(d), such as
ppm. EPA is establishing a tolerance for the tolerances in this final rule, do not PART 180—[AMENDED]
residues in or on orange of 0.10 ppm in require the issuance of a proposed rule,
order to harmonize with the Codex the requirements of the Regulatory ■ 1. The authority citation for part 180
MRL. Flexibility Act (RFA) (5 U.S.C. 601 et continues to read as follows:
C. Revisions to Petitioned-For seq.), do not apply. Authority: 21 U.S.C. 321(q), 346a and 371.
Tolerances This action directly regulates growers,
■ 2. In § 180.593, add alphabetically the
EPA has revised the proposed food processors, food handlers, and food
following commodities and footnote 2 to
tolerance levels for orange and orange retailers, not States or tribes, nor does
the table in paragraph (a) to read as
oil from 0.08 and 1.8 ppm to 0.10 and this action alter the relationships or
follows:
1.0 ppm, respectively. EPA is distribution of power and
establishing a tolerance of 0.10 ppm for responsibilities established by Congress § 180.593 Etoxazole; tolerances for
orange in order to harmonize with the in the preemption provisions of FFDCA residues.
Codex MRL. Additionally, based on the section 408(n)(4). As such, the Agency (a) * * *
orange raw agricultural commodity has determined that this action will not
highest-average field-trial residue of have a substantial direct effect on States Commodity Parts per
or tribal governments, on the million
0.048 ppm and the median orange oil
processing factor of 20x, EPA is relationship between the national
establishing a tolerance for orange, oil at government and the States or tribal * * * * *
1.0 ppm. In addition, EPA is revising governments, or on the distribution of Orange 2 ...................................... 0.10
the commodity terms for orange oil to power and responsibilities among the Orange, oil 2 ................................ 1.0
read as orange, oil to be consistent with various levels of government or between
the Agency’s commodity vocabulary. the Federal Government and Indian * * * * *
tribes. Thus, the Agency has determined 2 There
V. Conclusion are no U.S. registrations for orange
that Executive Order 13132, entitled and orange, oil as of December 2, 2015.
Therefore, tolerances are established ‘‘Federalism’’ (64 FR 43255, August 10,
1999) and Executive Order 13175, * * * * *
for residues of etoxazole (2-(2,6- [FR Doc. 2015–30513 Filed 12–1–15; 8:45 am]
difluorophenyl)-4-[4-(1,1- entitled ‘‘Consultation and Coordination
with Indian Tribal Governments’’ (65 FR BILLING CODE 6560–50–P
dimethylethyl)-2-ethoxyphenyl]-4,5-
dihydrooxazole), in or on orange and 67249, November 9, 2000) do not apply
orange, oil at 0.10 ppm and 1.0 ppm, to this action. In addition, this action
does not impose any enforceable duty or ENVIRONMENTAL PROTECTION
respectively. AGENCY
contain any unfunded mandate as
VI. Statutory and Executive Order described under Title II of the Unfunded
Reviews 40 CFR Part 180
Mandates Reform Act (UMRA) (2 U.S.C.
This action establishes tolerances 1501 et seq.). [EPA–HQ–OPP–2014–0804; FRL–9937–02]
under FFDCA section 408(d) in This action does not involve any
response to a petition submitted to the Hexythiazox; Pesticide Tolerances;
technical standards that would require
Agency. The Office of Management and Technical Correction
Agency consideration of voluntary
Budget (OMB) has exempted these types consensus standards pursuant to section AGENCY: Environmental Protection
of actions from review under Executive 12(d) of the National Technology Agency (EPA).
Order 12866, entitled ‘‘Regulatory Transfer and Advancement Act ACTION: Final rule; technical correction.
Planning and Review’’ (58 FR 51735, (NTTAA) (15 U.S.C. 272 note).
October 4, 1993). Because this action SUMMARY: EPA issued a final rule in the
VII. Congressional Review Act Federal Register of August 14, 2015,
has been exempted from review under
Executive Order 12866, this action is Pursuant to the Congressional Review concerning the establishment of
jstallworth on DSK7TPTVN1PROD with RULES

not subject to Executive Order 13211, Act (5 U.S.C. 801 et seq.), EPA will tolerances with regional registrations for
entitled ‘‘Actions Concerning submit a report containing this rule and residues of hexythiazox in or on wheat.
Regulations That Significantly Affect other required information to the U.S. This document corrects a technical
Energy Supply, Distribution, or Use’’ (66 Senate, the U.S. House of error, specifically, the omission of
FR 28355, May 22, 2001) or Executive Representatives, and the Comptroller regions in the commodity definitions.
Order 13045, entitled ‘‘Protection of General of the United States prior to DATES: This final rule correction is
Children from Environmental Health publication of the rule in the Federal effective December 2, 2015.

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Federal Register / Vol. 80, No. 231 / Wednesday, December 2, 2015 / Rules and Regulations 75431

ADDRESSES: The docket for this action, 3. On page 48757, second column, PART 180—[AMENDED]
identified by docket identification (ID) under the heading ‘‘Part 180—
number EPA–HQ–OPP–2014–0804 is [Amended],’’ paragraph 3, line 16, ■ 1. The authority citation for part 180
available at http://www.regulations.gov correct ‘‘Wheat, grain (EPA Regions 11 continues to read as follows:
or at the Office of Pesticide Programs only’’ to read ‘‘Wheat, grain (EPA Authority: 21 U.S.C. 321(q), 346a and 371.
Regulatory Public Docket (OPP Docket) Regions 9–12 only)’’.
in the Environmental Protection Agency ■ 2. In § 180.448(c), remove the
4. On page 48757, second column, commodities ‘‘Wheat, forage (EPA
Docket Center (EPA/DC), West William under the heading ‘‘Part 180—
Jefferson Clinton Bldg., Rm. 3334, 1301 Region 11 only)’’, ‘‘Wheat, grain (EPA
[Amended],’’ paragraph 3, line 18, Region 11 only)’’, ‘‘Wheat, hay (EPA
Constitution Ave. NW., Washington, DC correct ‘‘Wheat, straw (EPA Region 11
20460–0001. The Public Reading Room Region 11 only)’’, and ‘‘Wheat, straw
only’’ to read ‘‘Wheat, straw (EPA (EPA Region 11 only)’’; and add in
is open from 8:30 a.m. to 4:30 p.m., Regions 9–12 only)’’.
Monday through Friday, excluding legal alphabetical order the commodities
holidays. The telephone number for the III. Why is this correction issued as a listed below to read as follows:
Public Reading Room is (202) 566–1744, final rule? § 180.448 Hexythiazox; tolerances for
and the telephone number for the OPP residues.
Section 553 of the Administrative
Docket is (703) 305–5805. Please review * * * * *
Procedure Act (APA) (5 U.S.C.
the visitor instructions and additional (c) * * *
553(b)(3)(B)) provides that, when an
information about the docket available
agency for good cause finds that notice
at http://www.epa.gov/dockets. Parts per
and public procedure are impracticable, Commodity million
FOR FURTHER INFORMATION CONTACT: unnecessary, or contrary to the public
Susan Lewis, Registration Division interest, the agency may issue a final Wheat, forage (EPA Regions 9–
(7505P), Office of Pesticide Programs, rule without providing notice and an 12 only) ................................... 6.0
Environmental Protection Agency, 1200 opportunity for public comment. EPA Wheat, grain (EPA Regions 9–
Pennsylvania Ave. NW., Washington, has determined that there is good cause 12 only) ................................... 0.02
DC 20460–0001; telephone number: for making this technical correction Wheat, hay (EPA Regions 9–12
(703) 305–7090; email address: final without prior proposal and only) ........................................ 30
RDFRNotices@epa.gov. opportunity for comment, because this Wheat, straw (EPA Regions 9–
SUPPLEMENTARY INFORMATION:
12 only) ................................... 8.0
action merely corrects an omission and
I. Does this action apply to me? does not otherwise change the original [FR Doc. 2015–30514 Filed 12–1–15; 8:45 am]
requirements of the final rule. EPA finds BILLING CODE 6560–50–P
The Agency included in the August that this constitutes good cause under 5
14, 2015 final rule a list of those who U.S.C. 553(b)(3)(B).
may be potentially affected by this
action. IV. Do any of the statutory and FEDERAL COMMUNICATIONS
executive order reviews apply to this COMMISSION
II. What does this technical correction action?
do? 47 CFR Parts 1 and 73
EPA issued a final rule in the Federal No. For a detailed discussion
Register of August 14, 2015 (80 FR concerning the statutory and executive [GN Docket No. 12–268; FCC 14–50]
48753) (FRL–9931–30) that established order review, refer to Unit VI of the
August 14, 2015 final rule. Expanding the Economic and
tolerances with regional registrations for Innovation Opportunities of Spectrum
residues of hexythiazox in or on wheat. V. Congressional Review Act Through Incentive Auctions
EPA inadvertently limited the
tolerances to Region 11 in the table in Pursuant to the Congressional Review AGENCY: Federal Communications
180.448(c) of the regulatory text, when Act (5 U.S.C. 801 et seq.), EPA will Commission.
in fact Regions 9–12 are covered by the submit a report containing this rule and
ACTION: Final rule; announcement of
data supporting the tolerances and the other required information to the U.S.
effective date.
regional registrations. This technical Senate, the U.S. House of
correction revises the table in 180.488(c) Representatives, and the Comptroller SUMMARY: In this document, the
to include all the regions intended for General of the United States prior to Commission announces that, the Office
the tolerances. publication of the rule in the Federal of Management and Budget (OMB)
The preamble for FR Doc. 2015–20012 Register. This action is not a ‘‘major approved, on an emergency basis, for a
published in the Federal Register issue rule’’ as defined by 5 U.S.C. 804(2). period for six months, an information
of August 14, 2015 (80 FR 48753) (FRL– List of Subjects in 40 CFR Part 180 collection for FCC Form 177,
9931–30) is corrected as follows: Application to Participate in a Reverse
1. On page 48757, second column, Environmental protection, Incentive Auction, and certain
under the heading ‘‘Part 180— Administrative practice and procedure, Commission’s rules contained in the
[Amended]’’, paragraph 3, line 12, Agricultural commodities, Pesticides Report and Order, Expanding the
correct ‘‘Wheat, forage (EPA Region 11 and pests, Reporting and recordkeeping Economic and Innovation Opportunities
only)’’ to read ‘‘Wheat, forage (EPA requirements. of Spectrum Through Incentive
jstallworth on DSK7TPTVN1PROD with RULES

Regions 9–12 only)’’. Dated: November 23, 2015. Auctions, FCC 14–50. This document is
2. On page 48757, second column, Susan Lewis,
consistent with the Report and Order,
under the heading ‘‘Part 180— which stated that the Commission
Director, Registration Division, Office of
[Amended]’’, paragraph 3, line 14, Pesticide Programs.
would publish a document in the
correct ‘‘Wheat, hay (EPA Regions 11 Federal Register announcing OMB
only)’’ to read ‘‘Wheat, hay (EPA Therefore, 40 CFR part 180 is approval and the effective date of the
Regions 9–12 only)’’. corrected as follows: rules and requirements.

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Document Created: 2015-12-14 13:48:30
Document Modified: 2015-12-14 13:48:30

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Rules and Regulations
Action		Final rule; technical correction.
Dates		This final rule correction is effective December 2, 2015.
Contact		Susan Lewis, Registration Division (7505P), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460-0001; telephone
FR Citation		80 FR 75430
CFR Associated		Environmental Protection; Administrative Practice and Procedure; Agricultural Commodities; Pesticides and Pests and Reporting and Recordkeeping Requirements