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20290 Federal Register / Vol. 86, No. 73 / Monday, April 19, 2021 / Rules and Regulations

change any final action taken by the CFR 52.170(e). The EPA finds that there SUMMARY: This regulation establishes EPA on March 22, 2021. is good cause to make this correction tolerances for residues of the insecticide DATES: Effective on April 21, 2021. without providing for notice and metaflumizone in or on multiple ADDRESSES: The EPA has established a comment because neither notice nor commodities which are identified and docket of all documents for this action comment is necessary and would not be discussed later in this document. BASF at https://www.regulations.gov under in the public interest due to the nature Corporation requested these tolerances Docket ID No. EPA–R06–OAR–2015– of the correction which is minor, under the Federal Food, Drug, and 0189. Although listed in the index, technical and does not change the Cosmetic Act (FFDCA). some information is not publicly obligations already existing in the rule. DATES: This regulation is effective April available, e.g., Confidential Business While the ‘‘Identification of Plan’’ 19, 2021. Objections and requests for Information or other information whose section of the regulatory text accurately hearings must be received on or before disclosure is restricted by statute. includes the three new entries added to June 18, 2021, and must be filed in Certain other material, such as the ‘‘EPA-Approved Non-Regulatory accordance with the instructions copyrighted material, is not placed on Provisions and Quasi-Regulatory provided in 40 CFR part 178 (see also the internet. Publicly available docket Measures in the Arkansas SIP’’ table, the Unit I.C. of the SUPPLEMENTARY materials are available electronically amendatory instruction erroneously INFORMATION). through https://www.regulations.gov. states that one entry rather than three are being added to the table. Therefore, ADDRESSES: The docket for this action, FOR FURTHER INFORMATION CONTACT: identified by docket identification (ID) James E. Grady, EPA Region 6 Office, the EPA finds that the corrections are merely correcting the amendatory number EPA–HQ–OPP–2019–0385, is Regional Haze and SO2 Section, 1201 instruction without changing any final available at http://www.regulations.gov Elm Street, Suite 500, Dallas, TX 72570, or at the Office of Programs 214–665–6745; [email protected]. action taken by the EPA on March 22, 2021. Regulatory Public Docket (OPP Docket) Out of an abundance of caution for in the Environmental Protection Agency members of the public and our staff, the Federal Register Correction Docket Center (EPA/DC), West William EPA Region 6 office will be closed to the ■ Jefferson Clinton Bldg., Rm. 3334, 1301 public to reduce the risk of transmitting In FR Doc. 2021–05362 at 86 FR 15104 in the issue of Monday, March Constitution Ave. NW, Washington, DC COVID–19. Please call or email the 20460–0001. The Public Reading Room contact listed above if you need 22, 2021, the following corrections are made: is open from 8:30 a.m. to 4:30 p.m., alternative access to material indexed Monday through Friday, excluding legal but not provided in the docket. § 52.170 [Corrected] holidays. The telephone number for the SUPPLEMENTARY INFORMATION: On March ■ 1. On page 15131, in the third column, Public Reading Room is (202) 566–1744, 22, 2021 (86 FR 15104), EPA published in amendment 2.b. the instruction ‘‘In and the telephone number for the OPP a final rule action, ‘‘Air Plan Approval; paragraph (e), the third table titled Docket is (703) 305–5805. Arkansas; Arkansas Regional Haze and ‘‘EPA-Approved Non-Regulatory Due to the public health concerns State Provisions and Quasi-Regulatory related to COVID–19, the EPA Docket Implementation Plan Revisions.’’ The Measures in the Arkansas SIP’’ is Center (EPA/DC) and Reading Room is final rule approved revisions to the amended by adding an entry for closed to visitors with limited State Implementation Plan (SIP) for the ‘‘Arkansas Regional Haze Phase III SIP exceptions. The staff continues to State of Arkansas concerning Revision’’ at the end of the table.’’ is provide remote customer service via requirements of the Clean Air Act and corrected to read ‘‘In paragraph (e), the email, phone, and webform. For the the Regional Haze Rule for visibility third table titled ‘‘EPA-Approved Non- latest status information on EPA/DC protection in mandatory Class I Federal Regulatory Provisions and Quasi- services and docket access, visit https:// areas for the first implementation period Regulatory Measures in the Arkansas www.epa.gov/dockets. and pertain specifically to the Domtar SIP’’ is amended by adding entries for FOR FURTHER INFORMATION CONTACT: Ashdown Mill. The final rule also ‘‘Arkansas Regional Haze Phase III SIP Marietta Echeverria, Acting Director, approved revisions concerning Revision,’’ ‘‘Arkansas 2015 O3 NAAQS Registration Division (7505P), Office of Arkansas’ interstate visibility transport Interstate Transport SIP Revision,’’ and Pesticide Programs, Environmental obligations for the following national ‘‘Arkansas Regional Haze SO2 and PM Protection Agency, 1200 Pennsylvania ambient air quality standards (NAAQS): SIP Revision’’ at the end of the table.’’ Avenue NW, Washington, DC 20460– The 2006 24-hour fine particulate matter Dated: April 14, 2021. 0001; main telephone number: (703) (PM2.5) NAAQS; the 2012 annual PM2.5 305–7090; email address: NAAQS; the 2008 and 2015 eight-hour David Gray, Acting Regional Administrator, Region 6. [email protected]. (O3) NAAQS; the 2010 one-hour SUPPLEMENTARY INFORMATION [FR Doc. 2021–08004 Filed 4–16–21; 8:45 am] : nitrogen dioxide (NO2) NAAQS; and the 2010 one-hour SO2 NAAQS. For more BILLING CODE 6560–50–P I. General Information information, please see the EPA’s A. Does this action apply to me? rulemaking action at https:// www.regulations.gov under Docket ID ENVIRONMENTAL PROTECTION You may be potentially affected by No. EPA–R06–OAR–2015–0189. AGENCY this action if you are an agricultural producer, food manufacturer, or Need for Correction 40 CFR Part 180 pesticide manufacturer. The following As published, the regulatory text in [EPA–HQ–OPP–2019–0385; FRL–10018–60] list of North American Industrial the final rule contains an error that Classification System (NAICS) codes is omits the amendatory instruction for Metaflumizone; Pesticide Tolerances not intended to be exhaustive, but rather adding two entries to the table entitled AGENCY: Environmental Protection provides a guide to help readers ‘‘EPA-Approved Non-Regulatory Agency (EPA). determine whether this document Provisions and Quasi-Regulatory applies to them. Potentially affected ACTION: Final rule. Measures in the Arkansas SIP’’ in 40 entities may include:

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• Crop production (NAICS code 111). Additional instructions on determines that the tolerance is ‘‘safe.’’ • Animal production (NAICS code commenting or visiting the docket, Section 408(b)(2)(A)(ii) of FFDCA 112). along with more information about defines ‘‘safe’’ to mean that ‘‘there is a • Food manufacturing (NAICS code dockets generally, is available at http:// reasonable certainty that no harm will 311). www.epa.gov/dockets. result from aggregate exposure to the • Pesticide manufacturing (NAICS pesticide chemical residue, including code 32532). II. Summary of Petitioned-For Tolerance all anticipated dietary exposures and all B. How can I get electronic access to other exposures for which there is In the Federal Register of August 30, other related information? reliable information.’’ This includes 2019 (84 FR 45702) (FRL–9998–15), exposure through drinking water and in You may access a frequently updated EPA issued a document pursuant to residential settings but does not include electronic version of EPA’s tolerance FFDCA section 408(d)(3), 21 U.S.C. occupational exposure. Section regulations at 40 CFR part 180 through 346a(d)(3), announcing the filing of a 408(b)(2)(C) of FFDCA requires EPA to the Government Publishing Office’s e- pesticide petition (PP 8E8707) by BASF give special consideration to exposure CFR site at http://www.ecfr.gov/cgi-bin/ Corporation, P.O. Box 13528, Research of infants and children to the pesticide text-idx?&c=ecfr&tpl=/ecfrbrowse/ Triangle Park, NC 27709. That _ chemical residue in establishing a Title40/40tab 02.tpl. document stated that BASF’s petition tolerance and to ‘‘ensure that there is a (summarized by BASF Corporation in C. How can I file an objection or hearing reasonable certainty that no harm will docket ID EPA–HQ–OPP–2019–0385) request? result to infants and children from requested that 40 CFR 180.657 be aggregate exposure to the pesticide Under FFDCA section 408(g), 21 amended by establishing tolerances for chemical residue. . . .’’ U.S.C. 346a(g), any person may file an residues of the insecticide Consistent with FFDCA section objection to any aspect of this regulation metaflumizone (2-[2-(4-cyanophenyl)-1- and may also request a hearing on those 408(b)(2)(D), and the factors specified in [3-(trifluoromethyl)phenyl]ethylidene]- FFDCA section 408(b)(2)(D), EPA has objections. You must file your objection N-[4-(trifluoromethoxy)phenyl] reviewed the available scientific data or request a hearing on this regulation hydrazinecarboxamide; E and Z and other relevant information in in accordance with the instructions isomers), in or on apple at 1.0 parts per support of this action. EPA has provided in 40 CFR part 178. To ensure million (ppm), apple, wet pomace at 3.0 sufficient data to assess the hazards of proper receipt by EPA, you must ppm, coffee at 0.15 ppm, fruit, small, and to make a determination on identify docket ID number EPA–HQ– vine climbing, except fuzzy kiwi fruit, aggregate exposure for metaflumizone OPP–2019–0385 in the subject line on subgroup 13–07F at 5.0 ppm, grape, including exposure resulting from the the first page of your submission. All raisin at 10 ppm, lemon/lime subgroup tolerances established by this action. A objections and requests for a hearing 10–10B at 3.0 ppm, lemon/lime summary of EPA’s assessment of must be in writing and must be received subgroup 10–10B, oil at 42 ppm, melon by the Hearing Clerk on or before June subgroup 9A at 1.0 ppm, orange exposures and risks associated with 18, 2021. Addresses for mail and hand subgroup 10–10A at 3.0 ppm, orange metaflumizone follows. delivery of objections and hearing subgroup 10–10A, oil at 42 ppm, cattle, In an effort to streamline its requests are provided in 40 CFR fat at 0.05 ppm, goat, fat at 0.05 ppm, publications in the Federal Register, 178.25(b). horse, fat at 0.05 ppm, sheep, fat at 0.05 EPA is not reprinting sections that In addition to filing an objection or ppm, and milk, fat at 0.1 ppm. Although repeat what has been previously hearing request with the Hearing Clerk the petition summary did not request a published for tolerance rulemakings of as described in 40 CFR part 178, please tolerance on apple, wet pomace, the the same pesticide chemical. Where submit a copy of the filing (excluding petition itself requested a tolerance on scientific information concerning a any Confidential Business Information apple, wet pomace, so EPA included particular chemical remains unchanged, (CBI)) for inclusion in the public docket. that commodity in the document the content of those sections would not Information not marked confidential published in the Federal Register. There vary between tolerance rulemakings and pursuant to 40 CFR part 2 may be were no substantive comments received republishing the same sections is disclosed publicly by EPA without prior in response to the notice of filing for unnecessary; EPA considers referral notice. Submit the non-CBI copy of your this pesticide petition. back to those sections as sufficient to objection or hearing request, identified Based upon review of the data provide an explanation of the by docket ID number EPA–HQ–OPP– supporting the referenced petition, and information EPA considered in making 2019–0385, by one of the following in accordance with its authority under its safety determination for the new methods: FFDCA section 408(d)(4)(A)(i), EPA has rulemaking. • Federal eRulemaking Portal: http:// revised the tolerance levels and EPA has previously published a www.regulations.gov. Follow the online commodity definitions for several of the number of tolerance rulemakings for instructions for submitting comments. proposed commodities, established metaflumizone, in which EPA Do not submit electronically any additional necessary tolerances, and concluded, based on the available information you consider to be CBI or deleted a number of established information, that there is a reasonable other information whose disclosure is tolerances superseded by the newly certainty that no harm would result restricted by statute. established import tolerances. The from aggregate exposure to • Mail: OPP Docket, Environmental reasons for these changes are explained metaflumizone and established Protection Agency Docket Center (EPA/ in full detail in Unit IV.C. tolerances for residues of that chemical. DC), (28221T), 1200 Pennsylvania Ave. EPA is incorporating previously NW, Washington, DC 20460–0001. III. Aggregate Risk Assessment and published sections from those • Hand Delivery: To make special Determination of Safety rulemakings as described further in this arrangements for hand delivery or Section 408(b)(2)(A)(i) of FFDCA rulemaking, as they remain unchanged. delivery of boxed information, please allows EPA to establish a tolerance (the Toxicological Profile. For a discussion follow the instructions at http:// legal limit for a pesticide chemical of the Toxicological Profile of www.epa.gov/dockets/contacts.html. residue in or on a food) only if EPA metaflumizone, see Unit III.A. of the

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October 30, 2015 rulemaking (80 FR estimated aggregate food, water, and Risk Assessment in Support of Section 66795) (FRL–9934–88). residential exposure to the appropriate 3 Registrations for Application of Toxicological Points of Departure/ PODs to ensure that an adequate MOE Metaflumizone to Pome Fruit (crop Levels of Concern. For a summary of the exists. For linear cancer risks, EPA group (CG) 11–10) and Stone Fruit (CG Toxicological Points of Departure/ calculates the lifetime probability of 12–12); Updating the CG Designation for Levels of Concern used for the safety acquiring cancer given the estimated Citrus to 10–10 and Tree Nuts to 14–12; assessment, see Unit III.B. of the aggregate exposure. and Permitting Aerial Application to October 30, 2015 rulemaking. The acute and chronic dietary Citrus Fruits, Grapes, Tree Nuts, and Exposure Assessment. Much of the estimates for metaflumizone were found Nurseries Containing Field-/Container- exposure assessment remains not to be of concern for the U.S. general Grown Nonbearing Stone and Pome unchanged from the previous population and all population Fruit Trees,’’ dated September 29, 2015 rulemaking, although some updates subgroups and are below the Agency’s (docket ID EPA–HQ–OPP–2014–0607), have occurred to accommodate level of concern (LOC) (<100% of the and ‘‘Metaflumizone: Human Health exposures from the petitioned-for acute population adjusted dose (aPAD) Risk Assessment in Support of tolerances. The updates are discussed in and chronic population adjusted dose Tolerances Without a U.S. Registration this section; for a description of the rest (cPAD), respectively). An acute in/on Apple, Coffee, Melon Subgroup of the EPA approach to and assumptions endpoint of concern was not identified 9A, Orange Subgroup 10–10A, Lemon/ for the exposure assessment, see Unit in the toxicological database for the Lime Subgroup 10–10B, Grape, Milk III.C. of the October 30, 2015 general U.S. population including Fat, and Ruminant Fat,’’ dated rulemaking. infants and children. Acute dietary risks December 7, 2020 (docket ID EPA–HQ– EPA’s exposure assessments have for metaflumizone are below the OPP–2019–0385). been updated to include the additional Agency’s LOC: 5.3% of the aPAD at the exposure from imported apple, coffee, 95th percentile for females 13–49 years IV. Other Considerations melon subgroup 9A, orange subgroup of age, the population group with the A. Analytical Enforcement Methodology 10–10A, lemon/lime subgroup 10–10B, highest exposure; and chronic risks are small vine climbing fruit subgroup 13– below the Agency’s LOC: 65% of the For a discussion of the available 07F (except fuzzy kiwifruit), milk fat, cPAD for children 1–2 years old, the analytical enforcement method, see Unit and ruminant fat for the combined most highly exposed population IV.A. of the October 30, 2015 residues of metaflumizone (E–Z isomer subgroup. Metaflumizone is classified as rulemaking. ratio of >9:1). The acute and chronic ‘‘Not Likely to be Carcinogenic to B. International Residue Limits dietary analyses for metaflumizone for Humans.’’ Therefore, EPA does not this action assumed tolerance-level expect exposure to metaflumizone to In making its tolerance decisions, EPA residues, 100% crop treated, and 2018 pose a cancer risk. seeks to harmonize U.S. tolerances with default processing factors when Since metaflumizone is registered for international standards whenever necessary, except for citrus juice, which uses that could result in short-term possible, consistent with U.S. food used empirical processing factor for residential exposure, EPA evaluated the safety standards and agricultural citrus juice. The modeled estimates of potential for short-term risk by practices. EPA considers the drinking water concentrations and the aggregating chronic exposure through international maximum residue limits Agency’s assessment of residential, or food and water with short-term (MRLs) established by the Codex non-occupational exposure remain the residential exposures to metaflumizone. Alimentarius Commission (Codex), as same as in the October 30, 2015 Since the LOC for the various routes of required by FFDCA section 408(b)(4). rulemaking, as the residues on imported exposure differ, the aggregate risk Codex is a joint United Nations Food commodities do not impact the drinking estimates were calculated using the and Agriculture Organization/World water exposures or residential Aggregate Risk Index (ARI) approach Health Organization food standards exposures. The Agency’s position (LOC for ARI <1). The short-term program, and it is recognized as an regarding cumulative risk also remains aggregate assessment combined food + international food safety standards- the same. drinking water exposure with the setting organization in trade agreements Safety Factor for Infants and highest potential residential post- to which the United States is a party. Children. EPA continues to retain the application exposure (high-contact Although EPA may establish a tolerance Food Quality Protection Act (FQPA) activity on turf). The aggregate ARIs are that is different from a Codex MRL, safety factor of 10× for inhalation greater than 1; therefore, EPA concludes FFDCA section 408(b)(4) requires that exposure scenarios, while continuing to there is no short-term risk of concern. EPA explain the reasons for departing conclude that there is reliable data Although only short-term residential from the Codex level. showing that the safety of infants and exposure is anticipated, the short-term While Codex has not yet established children would be adequately protected assessment is protective of intermediate- MRLs on the commodities mentioned in if the FQPA SF were reduced from 10× term exposure since the short- and this document, it has proposed MRLs to 3× for all oral exposure scenarios and intermediate-term PODs/LOCs are in/on most of the relevant commodities. reduced to 1× for dermal exposures. The identical. EPA notes that the U.S. and Codex reasons for that decision are articulated Determination of Safety. Based on the residue definitions differ in that the U.S. in Unit III.D. of the October 30, 2015 risk assessments and information tolerance expression includes rulemaking. described above, EPA concludes there is metaflumizone (E- and Z-isomers) and Aggregate Risks and Determination of a reasonable certainty that no harm will M320I04 while Codex includes only Safety. EPA determines whether acute result to the U.S. general population, or metaflumizone (E- and Z-isomers). EPA and chronic dietary pesticide exposures to infants and children, from aggregate is harmonizing its U.S. tolerances with are safe by comparing aggregate exposure to metaflumizone residues. most of the proposed Codex MRLs for exposure estimates to the acute PAD More detailed information on the apple, coffee, grape, melon subgroup (aPAD) and chronic PAD (cPAD). subject action can be found at http:// 9A, orange subgroup 10–10A, orange Short-, intermediate-, and chronic-term www.regulations.gov in the documents oil, raisin, milk fat, and fat (cattle, goat, risks are evaluated by comparing the entitled ‘‘Metaflumizone: Human Health horse, and sheep). EPA is not

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harmonizing the U.S. tolerance on VI. Statutory and Executive Order to this action. In addition, this action lemon/lime subgroup 10–10B with the Reviews does not impose any enforceable duty or Codex MRL since the Codex MRL is less This action establishes tolerances contain any unfunded mandate as than that calculated by EPA using the under FFDCA section 408(d) in described under Title II of the Unfunded submitted residue data and the OECD response to a petition submitted to the Mandates Reform Act (UMRA) (2 U.S.C. tolerance calculation procedure. Agency. The Office of Management and 1501 et seq.). This action does not involve any C. Revisions to Petitioned-For Budget (OMB) has exempted these types technical standards that would require Tolerances of actions from review under Executive Agency consideration of voluntary Based upon review of data and Order 12866, entitled ‘‘Regulatory Planning and Review’’ (58 FR 51735, consensus standards pursuant to section supporting materials for this petition, 12(d) of the National Technology EPA is establishing tolerances for the October 4, 1993). Because this action has been exempted from review under Transfer and Advancement Act following commodities requested using (NTTAA) (15 U.S.C. 272 note). the Agency’s preferred commodity Executive Order 12866, this action is terminology: Instead of establishing a not subject to Executive Order 13211, VII. Congressional Review Act entitled ‘‘Actions Concerning tolerance for coffee, as requested, the Pursuant to the Congressional Review Regulations That Significantly Affect Agency is establishing a tolerance for Act (5 U.S.C. 801 et seq.), EPA will Energy Supply, Distribution, or Use’’ (66 coffee, green bean. In addition, based submit a report containing this rule and FR 28355, May 22, 2001) or Executive upon supporting data and other required information to the U.S. Order 13045, entitled ‘‘Protection of harmonization with proposed Codex Senate, the U.S. House of Children from Environmental Health MRLs, the Agency is establishing a Representatives, and the Comptroller Risks and Safety Risks’’ (62 FR 19885, tolerance level lower than requested for General of the United States prior to April 23, 1997) or Executive Order Apple at 0.9 ppm, and tolerance levels publication of the rule in the Federal 13771, entitled ‘‘Reducing Regulations higher than requested for grape, raisin at Register. This action is not a ‘‘major and Controlling Regulatory Costs’’ (82 13 ppm; lemon/lime subgroup 10–10B, rule’’ as defined by 5 U.S.C. 804(2). oil at 100 ppm; and orange subgroup FR 9339, February 3, 2017). This action 10–10A, oil at 100 ppm. Further, since does not contain any information List of Subjects in 40 CFR Part 180 importation of ruminant commodities is collections subject to OMB approval Environmental protection, also a probability and based on the under the Paperwork Reduction Act Administrative practice and procedure, livestock dietary burdens, EPA is also (PRA) (44 U.S.C. 3501 et seq.), nor does Agricultural commodities, establishing tolerances for milk fat and it require any special considerations and pests, Reporting and recordkeeping ruminant fat tolerances in or on cattle, under Executive Order 12898, entitled requirements. fat at 0.15 ppm; goat, fat at 0.15 ppm; ‘‘Federal Actions to Address Dated: April 8, 2021. horse, fat at 0.15 ppm; sheep, fat at 0.15 Environmental Justice in Minority ppm; and milk, fat at 0.6 ppm. Populations and Low-Income Marietta Echeverria, Populations’’ (59 FR 7629, February 16, Acting Director, Registration Division, Office V. Conclusion 1994). of Pesticide Programs. Therefore, tolerances are established Since tolerances and exemptions that Therefore, 40 CFR chapter I is for residues of the insecticide are established on the basis of a petition amended as follows: metaflumizone (2-[2-(4-cyanophenyl)-1- under FFDCA section 408(d), such as [3-(trifluoromethyl)phenyl]ethylidene]- the tolerance in this final rule, do not PART 180—TOLERANCES AND N-[4-(trifluoromethoxy)phenyl] require the issuance of a proposed rule, EXEMPTIONS FOR PESTICIDE hydrazinecarboxamide; E and Z the requirements of the Regulatory CHEMICAL RESIDUES IN FOOD isomers), in or on apple at 0.9 parts per Flexibility Act (RFA) (5 U.S.C. 601 et million (ppm); apple, wet pomace at 3 seq.), do not apply. ■ 1. The authority citation for part 180 ppm; coffee, green bean at 0.15 ppm; This action directly regulates growers, continues to read as follows: grape, raisin at 13 ppm; grapefruit food processors, food handlers, and food Authority: 21 U.S.C. 321(q), 346a and 371. subgroup 10–10C at 0.04 ppm; lemon/ retailers, not States or tribes, nor does ■ 2. In § 180.657: lime subgroup 10–10B at 3 ppm; lemon/ this action alter the relationships or ■ a. Designate paragraph (a) lime subgroup 10–10B, oil at 100 ppm; distribution of power and introductory text as paragraph (a)(1) and melon subgroup 9A at 1 ppm; orange responsibilities established by Congress revise newly designated paragraph (a)(1) subgroup 10–10A at 3 ppm; orange in the preemption provisions of FFDCA introductory text; subgroup 10–10A, oil at 100 ppm; cattle, section 408(n)(4). As such, the Agency ■ b. In the table in newly designated fat at 0.15 ppm; goat, fat at 0.15 ppm; has determined that this action will not paragraph (a)(1): horse, fat at 0.15 ppm; milk, fat at 0.6 have a substantial direct effect on States ■ i. Add a heading for the table; ppm; and sheep, fat at 0.15 ppm. In or tribal governments, on the ■ ii. Add entries for ‘‘Apple,’’ ‘‘Apple, addition, the existing tolerance for relationship between the National wet pomace,’’ and ‘‘Coffee, green bean’’ ‘‘fruit, pome, group 11–10,’’ is amended Government and the States or tribal in alphabetical order; to clarify that that entry now excludes governments, or on the distribution of ■ iii. Remove the entries for ‘‘Fruit, apple, due to the establishment of a power and responsibilities among the citrus, group 10–10,’’ ‘‘Fruit, pome, separate apple tolerance in this various levels of government or between group 11–10,’’ and ‘‘Fruit, stone, group rulemaking and the existing tolerance the Federal Government and Indian 12–12’’; for grape is amended to raise the tribes. Thus, the Agency has determined ■ iv. Add the entry ‘‘Fruit, pome, group tolerance level from 0.04 ppm to 5 ppm. that Executive Order 13132, entitled 11–10, except apple’’ in alphabetical Finally, EPA is removing the tolerance ‘‘Federalism’’ (64 FR 43255, August 10, order; for ‘‘fruit, citrus, group 10–10’’ because 1999) and Executive Order 13175, ■ v. Revise the entry for ‘‘Grape’’; it is superseded by the newly entitled ‘‘Consultation and Coordination ■ vi. Add entries for ‘‘Grape, raisin,’’ established tolerances for each of the with Indian Tribal Governments’’ (65 FR ‘‘Grapefruit subgroup 10–10C,’’ fruit, citrus, group 10–10 subgroups. 67249, November 9, 2000) do not apply ‘‘Lemon/lime subgroup 10–10B,’’

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‘‘Lemon/lime subgroup 10–10B, oil,’’ isomers; 2-[2-(4-cyanophenyl)-1-[3- SUPPLEMENTARY INFORMATION: This is a ‘‘Melon subgroup 9A,’’ ‘‘Orange (trifluoromethyl) phenyl]ethylidene]-N- summary of the Auction 109 Procedures subgroup 10–10A,’’ and ‘‘Orange [4-(trifluoromethoxy)phenyl] Public Notice, released on April 1, 2021. subgroup 10–10A, oil’’ in alphabetical hydrazinecarboxamide) in or on the The complete text of the Auction 109 order; and following animal commodities: Procedures Public Notice, including ■ vii. Revise footnote 1; and attachments and any related document, ■ c. Add paragraph (a)(2). TABLE 2 TO PARAGRAPH (a)(2) are available on the Commission’s The additions and revisions read as website at www.fcc.gov/auction/109 or follows: Parts per by using the search function for AU Commodity million § 180.657 Metaflumizone; tolerances for Docket No. 21–39, DA 21–361, on the Commission’s Electronic Comment residues. Cattle, fat ...... 0.15 Filing System (ECFS) web page at (a) General. (1) Tolerances are Goat, fat ...... 0.15 www.fcc.gov/ecfs. Alternative formats established for residues of the Horse, fat ...... 0.15 are available to persons with disabilities insecticide metaflumizone, including its Milk, fat ...... 0.6 by sending an email to [email protected] metabolites and degradates, in or on the Sheep, fat ...... 0.15 or by calling the Consumer & commodities listed in table 1 to this Governmental Affairs Bureau at (202) paragraph (a)(1). Compliance with the * * * * * [FR Doc. 2021–07951 Filed 4–16–21; 8:45 am] 418–0530 (voice), (202) 418–0432 tolerance levels specified in this (TTY). paragraph (a)(1) is to be determined by BILLING CODE 6560–50–P measuring only the sum of I. General Information metaflumizone (E and Z isomers; 2-[2- 1. Introduction. By the Auction 109 FEDERAL COMMUNICATIONS (4-cyanophenyl)-1-[3-(trifluoromethyl) Procedures Public Notice, the Office of COMMISSION phenyl]ethylidene]-N-[4- Economics and Analytics (OEA), in (trifluoromethoxy)phenyl] 47 CFR Parts 1 and 73 conjunction with the Media Bureau hydrazinecarboxamide) and its (MB), establishes the procedures and { metabolite 4- 2-oxo-2-[3- [AU Docket No. 21–39; DA 21–361; FR ID minimum opening bid amounts for the } (trifluoromethyl) phenyl]ethyl - 21109] upcoming auction of certain AM and benzonitrile, calculated as the FM broadcast construction permits. stoichiometric equivalent of Auction of AM and FM Broadcast 2. On February 8, 2021, OEA, in metaflumizone, in or on the following Construction Permits Scheduled for conjunction with MB, released a public commodities: July 27, 2021; Notice of Filing notice seeking comment on competitive Requirements, Minimum Opening Bids, bidding procedures and minimum TABLE 1 TO PARAGRAPH (a)(1) Upfront Payments, and Other opening bid amounts to be used in Procedures for Auction 109 Auction 109. Three parties submitted Parts per comments in response to the Auction Commodity million AGENCY: Federal Communications Commission. 109 Comment Public Notice, 86 FR 12556, March 4, 2021. ACTION: Final action; requirements and 3. Construction Permits Offered in ***** procedures. Apple ...... 0.9 Auction 109. Auction 109 will offer four Apple, wet pomace ...... 3 SUMMARY: This document summarizes AM construction permits and 136 FM Coffee, green bean 1 ...... 0.15 the procedures, deadlines, and upfront construction permits. The construction payment and minimum opening bid permits to be auctioned are listed in ***** Attachment A to the Auction 109 Fruit, pome, group 11–10, ex- amounts for the upcoming auction of cept apple ...... 0.04 certain AM and FM broadcast Procedures Public Notice. Grape ...... 5 construction permits. The Auction 109 4. AM Construction Permits. Auction Grape, raisin ...... 13 Procedures Public Notice summarized 109 will offer four construction permits Grapefruit subgroup 10–10C .... 0.04 here is intended to familiarize potential in the AM broadcast service. Lemon/lime subgroup 10–10B 3 applicants with details of the Attachment A to the Auction 109 Lemon/lime subgroup 10–10B, procedures, terms, and conditions Procedures Public Notice lists the oil ...... 100 governing participation in Auction 109. community of license, channel, class, Melon subgroup 9A 1 ...... 1 and coordinates for each AM permit DATES: Applications to participate in being offered. ***** Auction 109 must be submitted before 5. The construction permits to be Orange subgroup 10–10A ...... 3 6:00 p.m. Eastern Time (ET) on May 11, auctioned are for four previously Orange subgroup 10–10A, oil .. 100 2021. Upfront payments for Auction 109 licensed AM stations: KFTK(AM), East must be received by 6:00 p.m. ET on ***** St. Louis, IL, former Facility ID No. June 16, 2021. Bidding in Auction 109 72815; WQQW(AM), Highland, IL, 1 There are no U.S. registrations for this is scheduled to start on July 27, 2021. former Facility ID No. 90598; commodity as of April 19, 2021. FOR FURTHER INFORMATION CONTACT: KZQZ(AM), St. Louis, MO, former (2) Tolerances are established for General Auction 109 Information: Facility ID No. 72391; and KQQZ(AM), residues of the insecticide FCC Auctions Hotline at 888–225–5322, Fairview Heights, IL, former Facility ID metaflumizone, including its option two; or 717–338–2868. No. 5281. The license renewals of each metabolites and degradates, in or on the Auction 109 Legal Information: Lynne of these former AM stations were commodities listed in table 2 to this Milne or Lyndsey Grunewald at 202– dismissed with prejudice in a hearing paragraph (a)(2). Compliance with the 418–0660. before the Commission’s Administrative tolerance levels specified in this Licensing Information: Lisa Scanlan Law Judge and the call signs deleted. paragraph (a)(2) is to be determined by or Tom Nessinger or James Bradshaw at 6. To facilitate the auction of the four measuring only metaflumizone (E and Z (202) 418–2700. AM permits, the four AM facilities will

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