81 FR 34282 - Fluazinam; Pesticide Tolerances; Technical Correction

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 81, Issue 104 (May 31, 2016)

Page Range		34282-34283
FR Document		2016-12721

EPA issued a final rule in the Federal Register of April 8, 2016, concerning the addition of certain commodities to 40 CFR 180.574. Vegetable cucurbit, group 9 was inadvertently omitted. This document corrects that omission.

Federal Register, Volume 81 Issue 104 (Tuesday, May 31, 2016)

[Federal Register Volume 81, Number 104 (Tuesday, May 31, 2016)]
[Rules and Regulations]
[Pages 34282-34283]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-12721]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2015-0197; FRL-9945-05]


Fluazinam; 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 April 8, 
2016, concerning the addition of certain commodities to 40 CFR 180.574. 
Vegetable cucurbit, group 9 was inadvertently omitted. This document 
corrects that omission.

DATES: This final rule correction is effective May 31, 2016.

ADDRESSES: The docket for this action, identified by docket 
identification (ID) number EPA-HQ-OPP-2015-0197, 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: [email protected].

SUPPLEMENTARY INFORMATION: 

I. Does this action apply to me?

    The Agency included in the April 8, 2016 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 8, 2016 
(81 FR 20545) (FRL-9942-99) that was adding commodities including 
Vegetable cucurbit, group 9 to 40 CFR 180.574(a)(1). EPA inadvertently 
omitted the language in the codified text, which would have added 
Vegetable cucurbit, group 9.

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 is correcting a typographical error. 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 8, 2016 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 pest, Reporting and 
recordkeeping requirements.

    Dated: May 24, 2016.
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:


[[Page 34283]]


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


0
2. In the table in Sec.  180.574(a)(1), alphabetically add the entry 
``Vegetable cucurbit, group 9'' to read as follows:


Sec.  [emsp14]180.574  Fluazinam; tolerances for residues.

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

------------------------------------------------------------------------
                                                            Parts  per
                        Commodity                             million
------------------------------------------------------------------------
 
                                * * * * *
Vegetable, cucurbit, group 9............................            0.07
 
                                * * * * *
------------------------------------------------------------------------

* * * * *
[FR Doc. 2016-12721 Filed 5-27-16; 8:45 am]
 BILLING CODE 6560-50-P

34282 Federal Register / Vol. 81, No. 104 / Tuesday, May 31, 2016 / Rules and Regulations

(i) Location. All waters of the Upper Dated: May 19, 2016. II. What does this technical correction
Mississippi River from mile 179.2 to M.L. Malloy, do?
180. Captain, U.S. Coast Guard, Captain of the EPA issued a final rule in the Federal
(ii) Enforcement period. This safety Port Upper Mississippi River. Register of April 8, 2016 (81 FR 20545)
zone will be enforced from 7:45 p.m. [FR Doc. 2016–12712 Filed 5–27–16; 8:45 am] (FRL–9942–99) that was adding
until 9 p.m. on June 2, 2016; BILLING CODE 9110–04–P commodities including Vegetable
(2) St. Louis Brewers Guild fireworks cucurbit, group 9 to 40 CFR
display, St. Louis, MO: 180.574(a)(1). EPA inadvertently
(i) Location. All waters of the Upper omitted the language in the codified
Mississippi River from mile 179.2 to ENVIRONMENTAL PROTECTION text, which would have added Vegetable
180.5. AGENCY cucurbit, group 9.
(ii) Enforcement period. This safety 40 CFR Part 180 III. Why is this correction issued as a
zone will be enforced from 9 p.m. until final rule?
11 p.m. on June 11, 2016;
[EPA–HQ–OPP–2015–0197; FRL–9945–05] Section 553 of the Administrative
(3) Lumiere Place fireworks display,
Procedure Act (APA) (5 U.S.C.
St. Louis, MO: Fluazinam; Pesticide Tolerances; 553(b)(3)(B)) provides that, when an
(i) Location. All waters of the Upper Technical Correction agency for good cause finds that notice
Mississippi River from mile 180 to and public procedure are impracticable,
180.5. AGENCY: Environmental Protection
Agency (EPA). unnecessary, or contrary to the public
(ii) Enforcement period. This safety interest, the agency may issue a final
zone will be enforced from 8:30 p.m. ACTION: Final rule; technical correction. rule without providing notice and an
until 11 p.m. on July 3, 2016; and opportunity for public comment. EPA
(4) City of St. Paul July 4th SUMMARY: EPA issued a final rule in the has determined that there is good cause
Celebration, St. Paul MN. Federal Register of April 8, 2016, for making this technical correction
concerning the addition of certain final without prior proposal and
(i) Location. All waters of the Upper
commodities to 40 CFR 180.574. opportunity for comment, because this
Mississippi River from mile 839.5 to
Vegetable cucurbit, group 9 was is correcting a typographical error. EPA
840.
inadvertently omitted. This document finds that this constitutes good cause
(ii) Enforcement period. This safety corrects that omission.
zone will be enforced from 10 p.m. until under 5 U.S.C. 553(b)(3)(B).
10:30 p.m. on July 4, 2016. DATES: This final rule correction is
effective May 31, 2016. IV. Do any of the statutory and
(b) Definitions. As used in this executive order reviews apply to this
section, designated representative ADDRESSES: The docket for this action, action?
means a Coast Guard Patrol identified by docket identification (ID)
number EPA–HQ–OPP–2015–0197, is No. For a detailed discussion
Commander, including a Coast Guard
available at http://www.regulations.gov concerning the statutory and executive
coxswain, petty officer, or other officer
or at the Office of Pesticide Programs order review, refer to Unit VI. of the
operating a Coast Guard vessel and a
Regulatory Public Docket (OPP Docket) April 8, 2016 final rule.
Federal, State, and local officer
designated by or assisting the Captain of in the Environmental Protection Agency V. Congressional Review Act
the Port (COTP) Upper Mississippi Docket Center (EPA/DC), West William
Pursuant to the Congressional Review
River in the enforcement of the safety Jefferson Clinton Bldg., Rm. 3334, 1301
Act (5 U.S.C. 801 et seq.), EPA will
zone. Constitution Ave., NW., Washington,
submit a report containing this rule and
(c) Regulations. (1) Under the general DC 20460–0001. The Public Reading
other required information to the U.S.
safety zone regulations in subpart C of Room is open from 8:30 a.m. to 4:30
Senate, the U.S. House of
this part, you may not enter the safety p.m., Monday through Friday, excluding
Representatives, and the Comptroller
zones described in paragraph (a) of this legal holidays. The telephone number
General of the United States prior to
section unless authorized by the COTP for the Public Reading Room is (202)
publication of the rule in the Federal
or the COTP’s designated representative. 566–1744, and the telephone number for
Register. This action is not a ‘‘major
(2) To seek permission to enter, the OPP Docket is (703) 305–5805.
rule’’ as defined by 5 U.S.C. 804(2).
contact the COTP or designated Please review the visitor instructions
representative via VHF–FM Channel 16, and additional information about the List of Subjects in 40 CFR Part 180
or through Coast Guard Sector Upper docket available at http://www.epa.gov/ Environmental protection,
Mississippi River at (314) 269–2332. dockets. Administrative practice and procedure,
(3) All persons and vessels shall FOR FURTHER INFORMATION CONTACT: Agricultural commodities, Pesticides
comply with the instruction of the Susan Lewis, Registration Division and pest, Reporting and recordkeeping
COTP and designated on-scene (7505P), Office of Pesticide Programs, requirements.
personnel. Environmental Protection Agency, 1200 Dated: May 24, 2016.
(d) Information Broadcasts. The COTP Pennsylvania Ave. NW., Washington DC Susan Lewis,
or a designated representative will 20460–0001; telephone number: (703)
Director, Registration Division, Office of
asabaliauskas on DSK3SPTVN1PROD with RULES

inform the public through Broadcast 305–7090; email address: Pesticide Programs.
Notices to Mariners, Local Notices to RDFRNotices@epa.gov.
Therefore, 40 CFR part 180 is
Mariners, and/or Safety Marine SUPPLEMENTARY INFORMATION:
corrected as follows:
Information Broadcasts as appropriate of
I. Does this action apply to me?
the enforcement period for each safety PART 180—[AMENDED]
zone as well as any changes in the The Agency included in the April 8,
planned and published dates and times 2016 final rule a list of those who may ■ 1. The authority citation for part 180
of enforcement. be potentially affected by this action. continues to read as follows:

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Federal Register / Vol. 81, No. 104 / Tuesday, May 31, 2016 / Rules and Regulations 34283

Authority: 21 U.S.C. 321(q), 346a and 371. dates specified below (in the DATES Reef Fish and Spiny lobster FMPs (76
■ 2. In the table in § 180.574(a)(1), section) and continuing until the end of FR 82404, December 30 2011, and 76 FR
alphabetically add the entry ‘‘Vegetable the fishing year, December 31, 2016. 82414, December 30, 2011). Among
cucurbit, group 9’’ to read as follows: These AMs are necessary to protect the other actions, the 2010 and 2011
Caribbean reef fish and spiny lobster Caribbean ACL Amendments and the
§ 180.574 Fluazinam; tolerances for resources in the EEZ off Puerto Rico. associated final rules established ACLs
residues. DATES: This rule is effective June 30, and AMs for Caribbean spiny lobster
(a) * * * 2016, until 12:01 a.m., local time, and reef fish, including the species and
(1) * * * January 1, 2017. The AMs apply in the species groups identified in this
EEZ off Puerto Rico for the following temporary rule. The 2010 and 2011
Commodity Parts species and species groups, and fishing Caribbean ACL Amendments and final
per million rules also allocated ACLs among three
sectors, at the times and dates specified
below, until 12:01 a.m., local time, Caribbean island management areas, i.e.,
* * * * * January 1, 2017. the Puerto Rico, St. Croix, and St.
Vegetable, cucurbit, group 9 0.07 • Triggerfish and filefish, combined Thomas/St. John management areas of
(commercial) effective at 12:01 a.m., the EEZ, as specified in Appendix E to
* * * * * local time, October 16, 2016; part 622. The ACLs for species and
• Jacks (recreational) effective at species groups in the Puerto Rico
* * * * * 12:01 a.m., local time, November 4, management area, except for spiny
[FR Doc. 2016–12721 Filed 5–27–16; 8:45 am] 2016; lobster, were further allocated between
BILLING CODE 6560–50–P • Wrasses (commercial) effective at the commercial and recreational sectors,
12:01 a.m., local time, November 16, and AMs apply to each of these sectors
2016; separately.
DEPARTMENT OF COMMERCE • Snapper Unit 2 (commercial) On May 11, 2016, NMFS published
effective at 12:01 a.m., local time, the final rule implementing the
National Oceanic and Atmospheric November 26, 2016; Comprehensive AM Application
Administration • Spiny lobster (commercial and Amendment to the U.S. Caribbean
recreational) effective at 12:01 a.m., FMPs: Application of Accountability
50 CFR Part 622 local time, December 10, 2016; Measures and additional regulatory
• Parrotfishes (commercial) effective clarifications (81 FR 29166). Among
[Docket No. 100120037–1626–02 and
at 12:01 a.m., local time, December 19, other things, the final rule clarified that
101217620–1788–03]
2016. the spiny lobster ACL for the Puerto
RIN 0648–XE491 FOR FURTHER INFORMATION CONTACT: Rico management area is applied as a
William S. Arnold, NMFS Southeast single ACL for both the commercial and
Fisheries of the Caribbean, Gulf of Regional Office, telephone: 727–824– recreational sectors, consistent with the
Mexico, and South Atlantic; 2016 5305, email: bill.arnold@noaa.gov. Council’s intent in the 2011 Caribbean
Accountability Measure-Based ACL Amendment. Additionally, the
SUPPLEMENTARY INFORMATION: The reef
Closures for Commercial and final rule clarified the fishing
Recreational Species in the U.S. fish fishery of the Caribbean, which
includes triggerfish and filefish, restrictions that occur in the Caribbean
Caribbean Off Puerto Rico EEZ when an ACL is exceeded and an
wrasses, snappers in Snapper Unit 2,
AGENCY: National Marine Fisheries parrotfishes, and jacks, is managed AM is implemented.
The ACLs for the applicable species
Service (NMFS), National Oceanic and under the Fishery Management Plan for
and species groups, and fishing sectors
Atmospheric Administration (NOAA), the Reef Fish Fishery of Puerto Rico and
in the EEZ off Puerto Rico covered by
Commerce. the U.S. Virgin Islands (Reef Fish FMP).
this temporary rule are as follows and
ACTION: Temporary rule; closures. Caribbean spiny lobster is managed
are given in round weight:
under the FMP for the Spiny Lobster • The commercial ACL for triggerfish
SUMMARY: NMFS implements Fishery of Puerto Rico and the U.S. and filefish, combined, is 58,475 lb
accountability measures (AMs) for Virgin Islands (Spiny Lobster FMP). The (26,524 kg), as specified in
species and species groups in the FMPs were prepared by the Caribbean § 622.12(a)(1)(i)(Q).
exclusive economic zone (EEZ) of the Fishery Management Council (Council) • The commercial ACL for wrasses is
U.S. Caribbean off Puerto Rico for the and are implemented by NMFS under 54,147 lb (24,561 kg), as specified in
2016 fishing year through this the authority of the Magnuson-Stevens § 622.12(a)(1)(i)(L).
temporary rule. NMFS has determined Fishery Conservation and Management • The commercial ACL for Snapper
that annual catch limits (ACLs) in the Act (Magnuson-Stevens Act) by Unit 2 is 145,916 lb (66,186 kg), as
EEZ off Puerto Rico were exceeded for regulations at 50 CFR part 622. specified in § 622.12(a)(1)(i)(D).
spiny lobster; the commercial sectors for The 2010 Caribbean ACL Amendment • The ACL for spiny lobster is
triggerfish and filefish, wrasses, Snapper (Amendment 2 to the FMP for the 327,920 lb (148,742 kg), as specified in
Unit 2, and parrotfishes; and the Queen Conch Resources of Puerto Rico § 622.12(a)(1)(iii).
recreational sector for jacks, based on and the U.S. Virgin Islands (Queen • The commercial ACL for
average landings during the 2012–2014 Conch FMP) and Amendment 5 to the parrotfishes is 52,737 lb (23,915 kg), as
asabaliauskas on DSK3SPTVN1PROD with RULES

fishing years. This temporary rule Reef Fish FMP) and 2011 Caribbean specified in § 622.12(a)(1)(i)(B).
reduces the lengths of the 2016 fishing ACL Amendment (Amendment 3 to the • The recreational ACL for jacks is
seasons for these species and species Queen Conch FMP, Amendment 6 to the 51,001 lb (23,134 kg), as specified in
groups by the amounts necessary to Reef Fish FMP, Amendment 5 to the § 622.12(a)(1)(ii)(M).
ensure that landings do not exceed the Spiny Lobster FMP, and Amendment 3 In accordance with regulations at 50
applicable ACLs in 2016. NMFS closes to FMP for Corals and Reef Associated CFR 622.12(a), if landings from a
the applicable sectors for these species Plants and Invertebrates of Puerto Rico Caribbean island management area are
and species groups beginning on the and the U.S. Virgin Islands) revised the estimated to have exceeded the

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Document Created: 2016-05-28 03:57:54
Document Modified: 2016-05-28 03:57:54

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 May 31, 2016.
Contact		Susan Lewis, Registration Division (7505P), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave. NW., Washington DC 20460-0001; telephone number:
FR Citation		81 FR 34282
CFR Associated		Environmental Protection; Administrative Practice and Procedure; Agricultural Commodities; Pesticides and Pest and Reporting and Recordkeeping Requirements