[Federal Register Volume 88, Number 95 (Wednesday, May 17, 2023)]
[Rules and Regulations]
[Pages 31476-31477]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-10153]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2021-0356; FRL-9839-02-OCSPP]


Spiropidion; Pesticide Tolerances; Technical Correction

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule; technical correction and amendment.

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SUMMARY: EPA issued a final rule in the Federal Register of July 20, 
2022, establishing tolerances for residues of the insecticide 
spiropidion and its metabolites and degradates in or on multiple 
commodities requested by Syngenta Crop Protection, LLC under the 
Federal Food, Drug, and Cosmetic Act (FIFRA). That document 
inadvertently misstated the nomenclature listed for the residue 
definition of the spiropidion metabolite SYN547305. This document 
corrects the noted error in the referenced regulation.

DATES: This final rule correction is effective May 17, 2023.

ADDRESSES: The docket for this action, identified by docket 
identification (ID) number EPA-HQ-OPP-2021-0356, 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 is (202) 566-1744. For the latest status information on 
EPA/DC services, docket access, visit https://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: Charles Smith, Director, Registration 
Division (7505T), Office of Pesticide Programs, Environmental 
Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460-
0001; main telephone number: (202) 566-1030; email address: 
[email protected].

SUPPLEMENTARY INFORMATION: 

I. Does this action apply to me?

    The Agency included in the July 20, 2022, final rule a list of 
those who may be potentially affected by this action.

II. 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 since this 
correction is not a substantive change at all, just a technical change. 
EPA has determined that there is good cause for making this technical 
correction final without prior proposal and opportunity for comment, 
because EPA is correcting the inadvertent error in the listing for the 
nomenclature for the residue definition of the spiropidion metabolite 
SYN547305. EPA finds that this constitutes good cause under 5 U.S.C. 
553(b)(3)(B). This technical change does not create any new regulatory 
requirements that affected parties would need time to prepare for since 
it is just a correction of a technical error.

III. 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 July 20, 2022, final 
rule.

IV. 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).

V. What does this technical correction do?

    FR Doc. 2022-15410 published in the Federal Register of July 20, 
2022 (87 FR 43214) (FRL-9389-01-OCSPP) is corrected as follows:
    1. On page 43215, first column, under the heading ``Summary of 
Petitioned-For Tolerance,'' paragraph 1, lines 16-17, revise ``[3-(4-
chloro-2,6-dimethyl-phenyl)-8-methoxy-1-methyl-1,8-
diazaspiro[4.5]decane-2,4-dione; and 2-(4-chloro-2,6-dimethyl-phenyl)-
1-hydroxy-8-methoxy-4-methyl-4,8-diazaspiro[4.5]dec-1-en-3-one]'' to 
read ``[3-(4-chloro-2,6-dimethylphenyl)-4-hydroxy-8-methoxy-1-methyl-
1,8-diazaspiro[4.5]dec-3-en-2-one]''.
    2. On page 43218, third column, under the heading ``Conclusion,'' 
paragraph 1, lines 23-25, revise ``[3-(4-chloro-2,6-dimethyl-phenyl)-8-
methoxy-1-methyl-1,8-diazaspiro[4.5]decane-2,4-dione; and 2-(4-chloro-
2,6-dimethyl-phenyl)-1-hydroxy-8-methoxy-4-methyl-4,8-
diazaspiro[4.5]dec-1-en-3-one]'' to read ``[3-(4-chloro-2,6-
dimethylphenyl)-4-hydroxy-8-methoxy-1-methyl-1,8-diazaspiro[4.5]dec-3-
en-2-one]''.
    3. On page 43218, third column, under the heading ``Conclusion,'' 
paragraph 1, lines 34-37, revise ``[3-(4-chloro-2,6-dimethyl-phenyl)-8-
methoxy-1-methyl-1,8-diazaspiro[4.5]decane-2,4-dione; and 2-(4-chloro-
2,6-dimethyl-phenyl)-1-hydroxy-8-methoxy-4-methyl-4,8-
diazaspiro[4.5]dec-1-en-3-one]'' to read ``[3-(4-chloro-2,6-
dimethylphenyl)-4-hydroxy-8-

List of Subjects in 40 CFR Part 180

    Environmental protection, Administrative practice and procedure,

[[Page 31477]]

Agricultural commodities, Pesticides and pests, Reporting and 
recordkeeping requirements.

    Dated: May 9, 2023.
Charles Smith,
Director, Registration Division, Office of Pesticide Programs.

    Therefore, 40 CFR part 180 is corrected by making the following 
correcting amendments:

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.


Sec.  180.723  Spiropidion; tolerances for residues.

0
2. In Sec.  180.723:
0
a. Amend paragraph (a)(1) by revising ``SYN547305 [3-(4-chloro-2,6-
dimethyl-phenyl)-8-methoxy-1-methyl-1,8-diazaspiro[4.5]decane-2,4-
dione; and 2-(4-chloro-2,6-dimethyl-phenyl)-1-hydroxy-8-methoxy-4-
methyl-4,8-diazaspiro[4.5]dec-1-en-3-one],'' to read as ``SYN547305 [3-
(4-chloro-2,6-dimethylphenyl)-4-hydroxy-8-methoxy-1-methyl-1,8-
diazaspiro[4.5]dec-3-en-2-one]''; and
0
b. Amend paragraph (a)(2) by revising ``SYN547305 [3-(4-chloro-2,6- 
dimethyl-phenyl)-8-methoxy-1-methyl- 1,8-diazaspiro[4.5]decane-2,4-
dione; and 2-(4-chloro-2,6-dimethyl-phenyl)-1- hydroxy-8-methoxy-4-
methyl-4,8- diazaspiro[4.5]dec-1-en-3-one],'' to read as ``SYN547305 
[3-(4-chloro-2,6-dimethylphenyl)-4-hydroxy-8-methoxy-1-methyl-1,8-
diazaspiro[4.5]dec-3-en-2-one]''.

[FR Doc. 2023-10153 Filed 5-16-23; 8:45 am]
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