80_FR_28296 80 FR 28201 - Trichoderma asperelloides

80 FR 28201 - Trichoderma asperelloides

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 80, Issue 95 (May 18, 2015)

Page Range28201-28203
FR Document2015-11960

This regulation establishes an exemption from the requirement of a tolerance for residues of Trichoderma asperelloides strain JM41R in or on all food commodities when used in accordance with label directions and good agricultural practices. BASF Corporation submitted a petition to EPA under the Federal Food, Drug, and Cosmetic Act (FFDCA), requesting an exemption from the requirement of a tolerance. This regulation eliminates the need to establish a maximum permissible level for residues of Trichoderma asperelloides strain JM41R under FFDCA.

Federal Register, Volume 80 Issue 95 (Monday, May 18, 2015)
[Federal Register Volume 80, Number 95 (Monday, May 18, 2015)]
[Rules and Regulations]
[Pages 28201-28203]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-11960]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2012-0963; FRL-9926-87]


Trichoderma asperelloides strain JM41R; Exemption From the 
Requirement of a Tolerance

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: This regulation establishes an exemption from the requirement 
of a tolerance for residues of Trichoderma asperelloides strain JM41R 
in or on all food commodities when used in accordance with label 
directions and good agricultural practices. BASF Corporation submitted 
a petition to EPA under the Federal Food, Drug, and Cosmetic Act 
(FFDCA), requesting an exemption from the requirement of a tolerance. 
This regulation eliminates the need to establish a maximum permissible 
level for residues of Trichoderma asperelloides strain JM41R under 
FFDCA.

DATES: This regulation is effective May 18, 2015. Objections and 
requests for hearings must be received on or before July 17, 2015, and 
must be filed in accordance with the instructions provided in 40 CFR 
part 178 (see also Unit I.C. of the SUPPLEMENTARY INFORMATION).

ADDRESSES: The docket for this action, identified by docket 
identification (ID) number EPA-HQ-OPP-2012-0963, 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: Robert McNally, Biopesticides and 
Pollution Prevention Division (7511P), Office of Pesticide Programs, 
Environmental Protection Agency, 1200 Pennsylvania Ave. NW., 
Washington, DC 20460-0001; main telephone number: (703) 305-7090; email 
address: [email protected].

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this action apply to me?

    You may be potentially affected by this action if you are an 
agricultural producer, food manufacturer, or pesticide manufacturer. 
The following list of North American Industrial Classification System 
(NAICS) codes is not intended to be exhaustive, but rather provides a 
guide to help readers determine whether this document applies to them. 
Potentially affected entities may include:
     Crop production (NAICS code 111).
     Animal production (NAICS code 112).
     Food manufacturing (NAICS code 311).
     Pesticide manufacturing (NAICS code 32532).

B. How can I get electronic access to other related information?

    You may access a frequently updated electronic version of 40 CFR 
part 180 through the Government Printing Office's e-CFR site at http://www.ecfr.gov/cgi-bin/text-idx?&c=ecfr&tpl=/ecfrbrowse/Title40/40tab_02.tpl.

C. How can I file an objection or hearing request?

    Under FFDCA section 408(g), 21 U.S.C. 346a(g), any person may file 
an objection to any aspect of this regulation and may also request a 
hearing on those objections. You must file your objection or request a 
hearing on this regulation in accordance with the instructions provided 
in 40 CFR part 178. To ensure proper receipt by EPA, you must identify 
docket ID number EPA-HQ-OPP-2012-0963 in the subject line on the first 
page of your submission. All objections and requests for a hearing must 
be in writing, and must be received by the Hearing Clerk on or before 
July 17, 2015. Addresses for mail and hand delivery of objections and 
hearing requests are provided in 40 CFR 178.25(b).
    In addition to filing an objection or hearing request with the 
Hearing Clerk as described in 40 CFR part 178, please submit a copy of 
the filing (excluding any Confidential Business Information (CBI)) for 
inclusion in the public docket. Information not marked confidential 
pursuant to 40 CFR part 2 may be disclosed publicly by EPA without 
prior notice. Submit the non-CBI copy of your objection or hearing 
request, identified by docket ID number EPA-HQ-OPP-2012-0963, by one of 
the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the online instructions for submitting comments. Do not submit 
electronically any information you consider to be CBI or other 
information whose disclosure is restricted by statute.
     Mail: OPP Docket, Environmental Protection Agency Docket 
Center (EPA/DC), (28221T), 1200 Pennsylvania Ave. NW., Washington, DC 
20460-0001.
     Hand Delivery: To make special arrangements for hand 
delivery or delivery of boxed information, please follow the 
instructions at http://www.epa.gov/dockets/contacts.html. Additional 
instructions on commenting or visiting the docket, along with more 
information about dockets generally, is available at http://www.epa.gov/dockets.

II. Background

    In the Federal Register of February 21, 2014 (79 FR 9870) (FRL-
9904-98), EPA issued a document pursuant to FFDCA section 408(d)(3), 21 
U.S.C. 346a(d)(3), announcing the filing of a pesticide tolerance 
petition (PP 2F8102) by BASF Corporation, 26 Davis Dr., Research 
Triangle Park, NC 27709. The petition requested that 40 CFR part 180 be 
amended by establishing an exemption from the requirement of a 
tolerance for residues of Trichoderma fertile strain JM41R in or on all 
food commodities. That document referenced a summary of the petition 
prepared by the petitioner BASF Corporation, which is available in the 
docket via http://www.regulations.gov. There were no comments received 
in response to the notice of filing.
    Subsequently, the petitioner provided additional data (i.e., DNA 
sequence

[[Page 28202]]

work based on newly published taxonomies) on the identity of the 
pesticide to EPA. After reviewing these data, EPA concluded that the 
correct identity of the pesticide was Trichoderma asperelloides strain 
JM41R and not Trichoderma fertile strain JM41R. In order to give the 
public an opportunity to comment on this new information, EPA 
republished its receipt of this tolerance exemption petition filing 
with an updated and accurate description in the Federal Register of 
January 28, 2015 (80 FR 4525) (FRL-9921-55) and placed a revised 
petition from BASF Corporation into the docket. There were no comments 
received in response to the republished notice of filing.

III. Final Rule

A. EPA's Safety Determination

    Section 408(c)(2)(A)(i) of FFDCA allows EPA to establish an 
exemption from the requirement for a tolerance (the legal limit for a 
pesticide chemical residue in or on a food) only if EPA determines that 
the exemption is ``safe.'' Section 408(c)(2)(A)(ii) of FFDCA defines 
``safe'' to mean that ``there is a reasonable certainty that no harm 
will result from aggregate exposure to the pesticide chemical residue, 
including all anticipated dietary exposures and all other exposures for 
which there is reliable information.'' This includes exposure through 
drinking water and in residential settings but does not include 
occupational exposure. Pursuant to FFDCA section 408(c)(2)(B), in 
establishing or maintaining in effect an exemption from the requirement 
of a tolerance, EPA must take into account the factors set forth in 
FFDCA section 408(b)(2)(C), which require EPA to give special 
consideration to exposure of infants and children to the pesticide 
chemical residue in establishing a tolerance or tolerance exemption, 
and to ``ensure that there is a reasonable certainty that no harm will 
result to infants and children from aggregate exposure to the pesticide 
chemical residue. . . .'' Additionally, FFDCA section 408(b)(2)(D) 
requires that EPA consider ``available information concerning the 
cumulative effects of [a particular pesticide's] . . . residues and 
other substances that have a common mechanism of toxicity.''
    EPA evaluated the available toxicity and exposure data on 
Trichoderma asperelloides strain JM41R and considered its validity, 
completeness, and reliability, as well as the relationship of this 
information to human risk. A full explanation of the data upon which 
EPA relied and its risk assessment based on that data can be found 
within the April 20, 2015, document entitled ``Federal Food, Drug, and 
Cosmetic Act (FFDCA) Considerations for Trichoderma asperelloides 
strain JM41R.'' This document, as well as other relevant information, 
is available in the docket for this action as described under 
ADDRESSES. Based upon its evaluation, EPA concludes that there is a 
reasonable certainty that no harm will result to the U.S. population, 
including infants and children, from aggregate exposure to residues of 
Trichoderma asperelloides strain JM41R. Therefore, an exemption from 
the requirement of a tolerance is established for residues of 
Trichoderma asperelloides strain JM41R in or on all food commodities 
when used in accordance with label directions and good agricultural 
practices.

B. Analytical Enforcement Methodology

    An analytical method is not required for enforcement purposes for 
the reasons contained in the April 20, 2015, document entitled 
``Federal Food, Drug, and Cosmetic Act (FFDCA) Considerations for 
Trichoderma asperelloides strain JM41R'' and because EPA is 
establishing an exemption from the requirement of a tolerance without 
any numerical limitation.

IV. Statutory and Executive Order Reviews

    This action establishes a tolerance exemption under FFDCA section 
408(d) in response to a petition submitted to EPA. The Office of 
Management and Budget (OMB) has exempted these types of actions from 
review under Executive Order 12866, entitled ``Regulatory Planning and 
Review'' (58 FR 51735, October 4, 1993). Because this action has been 
exempted from review under Executive Order 12866, this action is not 
subject to Executive Order 13211, entitled ``Actions Concerning 
Regulations That Significantly Affect Energy Supply, Distribution, or 
Use'' (66 FR 28355, May 22, 2001), or Executive Order 13045, entitled 
``Protection of Children from Environmental Health Risks and Safety 
Risks'' (62 FR 19885, April 23, 1997). This action does not contain any 
information collections subject to OMB approval under the Paperwork 
Reduction Act (PRA), 44 U.S.C. 3501 et seq., nor does it require any 
special considerations under Executive Order 12898, entitled ``Federal 
Actions to Address Environmental Justice in Minority Populations and 
Low-Income Populations'' (59 FR 7629, February 16, 1994).
    Since tolerances and exemptions that are established on the basis 
of a petition under FFDCA section 408(d), such as the tolerance 
exemption in this action, do not require the issuance of a proposed 
rule, the requirements of the Regulatory Flexibility Act (RFA) (5 
U.S.C. 601 et seq.) do not apply.
    This action directly regulates growers, food processors, food 
handlers, and food retailers, not States or tribes. As a result, this 
action does not alter the relationships or distribution of power and 
responsibilities established by Congress in the preemption provisions 
of FFDCA section 408(n)(4). As such, EPA has determined that this 
action will not have a substantial direct effect on States or tribal 
governments, on the relationship between the national government and 
the States or tribal governments, or on the distribution of power and 
responsibilities among the various levels of government or between the 
Federal Government and Indian tribes. Thus, EPA has determined that 
Executive Order 13132, entitled ``Federalism'' (64 FR 43255, August 10, 
1999), and Executive Order 13175, entitled ``Consultation and 
Coordination with Indian Tribal Governments'' (65 FR 67249, November 9, 
2000), do not apply to this action. In addition, this action does not 
impose any enforceable duty or contain any unfunded mandate as 
described under Title II of the Unfunded Mandates Reform Act (UMRA) (2 
U.S.C. 1501 et seq.).
    This action does not involve any technical standards that would 
require EPA's consideration of voluntary consensus standards pursuant 
to section 12(d) of the National Technology Transfer and Advancement 
Act (NTTAA) (15 U.S.C. 272 note).

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.


[[Page 28203]]


    Dated: May 2, 2015.
Jack E. Housenger,
Director, Office of Pesticide Programs.

    Therefore, 40 CFR chapter I is amended 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. Add Sec.  180.1331 to subpart D to read as follows:


Sec.  180.1331  Trichoderma asperelloides strain JM41R; exemption from 
the requirement of a tolerance.

    An exemption from the requirement of a tolerance is established for 
residues of Trichoderma asperelloides strain JM41R in or on all food 
commodities when used in accordance with label directions and good 
agricultural practices.

[FR Doc. 2015-11960 Filed 5-15-15; 8:45 am]
 BILLING CODE 6560-50-P



                                                                      Federal Register / Vol. 80, No. 95 / Monday, May 18, 2015 / Rules and Regulations                                           28201

                                                  § 52.2320   Identification of plan.                     Regulatory Public Docket (OPP Docket)                 identify docket ID number EPA–HQ–
                                                  *       *    *    *     *                               in the Environmental Protection Agency                OPP–2012–0963 in the subject line on
                                                     (c) * * *                                            Docket Center (EPA/DC), West William                  the first page of your submission. All
                                                     (79) Revisions to the Utah State                     Jefferson Clinton Bldg., Rm. 3334, 1301               objections and requests for a hearing
                                                  Implementation Plan involving Utah                      Constitution Ave. NW., Washington, DC                 must be in writing, and must be
                                                  Rule R307–311; Utah County: Trading                     20460–0001. The Public Reading Room                   received by the Hearing Clerk on or
                                                  of Emission Budgets for Transportation                  is open from 8:30 a.m. to 4:30 p.m.,                  before July 17, 2015. Addresses for mail
                                                  Conformity. The Utah Air Quality Board                  Monday through Friday, excluding legal                and hand delivery of objections and
                                                  adopted this SIP revision on March 4,                   holidays. The telephone number for the                hearing requests are provided in 40 CFR
                                                  2015, it became state effective on March                Public Reading Room is (202) 566–1744,                178.25(b).
                                                  5, 2015, and was submitted by the                       and the telephone number for the OPP                    In addition to filing an objection or
                                                  Governor to EPA by a letter dated March                 Docket is (703) 305–5805. Please review               hearing request with the Hearing Clerk
                                                  9, 2015.                                                the visitor instructions and additional               as described in 40 CFR part 178, please
                                                     (i) Incorporation by reference.                      information about the docket available                submit a copy of the filing (excluding
                                                     (A) Utah Rules R307, Environmental                   at http://www.epa.gov/dockets.                        any Confidential Business Information
                                                  Quality, Air Quality, R307–311, Utah                    FOR FURTHER INFORMATION CONTACT:                      (CBI)) for inclusion in the public docket.
                                                  County: Trading of Emission Budgets for                 Robert McNally, Biopesticides and                     Information not marked confidential
                                                  Transportation Conformity. Effective                    Pollution Prevention Division (7511P),                pursuant to 40 CFR part 2 may be
                                                  March 5, 2015, as proposed in the Utah                  Office of Pesticide Programs,                         disclosed publicly by EPA without prior
                                                  State Bulletin on January 1, 2015 and                   Environmental Protection Agency, 1200                 notice. Submit the non-CBI copy of your
                                                  published on April 1, 2015 as effective.                Pennsylvania Ave. NW., Washington,                    objection or hearing request, identified
                                                                                                          DC 20460–0001; main telephone                         by docket ID number EPA–HQ–OPP–
                                                  [FR Doc. 2015–11784 Filed 5–15–15; 8:45 am]
                                                                                                          number: (703) 305–7090; email address:                2012–0963, by one of the following
                                                  BILLING CODE 6560–50–P
                                                                                                          BPPDFRNotices@epa.gov.                                methods:
                                                                                                                                                                  • Federal eRulemaking Portal: http://
                                                                                                          SUPPLEMENTARY INFORMATION:                            www.regulations.gov. Follow the online
                                                  ENVIRONMENTAL PROTECTION
                                                                                                          I. General Information                                instructions for submitting comments.
                                                  AGENCY
                                                                                                                                                                Do not submit electronically any
                                                                                                          A. Does this action apply to me?                      information you consider to be CBI or
                                                  40 CFR Part 180
                                                                                                             You may be potentially affected by                 other information whose disclosure is
                                                  [EPA–HQ–OPP–2012–0963; FRL–9926–87]                     this action if you are an agricultural                restricted by statute.
                                                                                                          producer, food manufacturer, or                         • Mail: OPP Docket, Environmental
                                                  Trichoderma asperelloides strain JM41R;                                                                       Protection Agency Docket Center (EPA/
                                                                                                          pesticide manufacturer. The following
                                                  Exemption From the Requirement of a                                                                           DC), (28221T), 1200 Pennsylvania Ave.
                                                                                                          list of North American Industrial
                                                  Tolerance                                                                                                     NW., Washington, DC 20460–0001.
                                                                                                          Classification System (NAICS) codes is
                                                  AGENCY:  Environmental Protection                       not intended to be exhaustive, but rather               • Hand Delivery: To make special
                                                  Agency (EPA).                                           provides a guide to help readers                      arrangements for hand delivery or
                                                                                                          determine whether this document                       delivery of boxed information, please
                                                  ACTION: Final rule.
                                                                                                          applies to them. Potentially affected                 follow the instructions at http://
                                                  SUMMARY:   This regulation establishes an               entities may include:                                 www.epa.gov/dockets/contacts.html.
                                                  exemption from the requirement of a                        • Crop production (NAICS code 111).                Additional instructions on commenting
                                                  tolerance for residues of Trichoderma                      • Animal production (NAICS code                    or visiting the docket, along with more
                                                  asperelloides strain JM41R in or on all                 112).                                                 information about dockets generally, is
                                                  food commodities when used in                              • Food manufacturing (NAICS code                   available at http://www.epa.gov/
                                                  accordance with label directions and                    311).                                                 dockets.
                                                  good agricultural practices. BASF                          • Pesticide manufacturing (NAICS
                                                                                                                                                                II. Background
                                                  Corporation submitted a petition to EPA                 code 32532).
                                                  under the Federal Food, Drug, and                                                                                In the Federal Register of February
                                                                                                          B. How can I get electronic access to                 21, 2014 (79 FR 9870) (FRL–9904–98),
                                                  Cosmetic Act (FFDCA), requesting an                     other related information?
                                                  exemption from the requirement of a                                                                           EPA issued a document pursuant to
                                                  tolerance. This regulation eliminates the                 You may access a frequently updated                 FFDCA section 408(d)(3), 21 U.S.C.
                                                  need to establish a maximum                             electronic version of 40 CFR part 180                 346a(d)(3), announcing the filing of a
                                                  permissible level for residues of                       through the Government Printing                       pesticide tolerance petition (PP 2F8102)
                                                  Trichoderma asperelloides strain JM41R                  Office’s e-CFR site at http://                        by BASF Corporation, 26 Davis Dr.,
                                                  under FFDCA.                                            www.ecfr.gov/cgi-bin/text-                            Research Triangle Park, NC 27709. The
                                                                                                          idx?&c=ecfr&tpl=/ecfrbrowse/Title40/                  petition requested that 40 CFR part 180
                                                  DATES: This regulation is effective May
                                                                                                          40tab_02.tpl.                                         be amended by establishing an
                                                  18, 2015. Objections and requests for
                                                                                                                                                                exemption from the requirement of a
                                                  hearings must be received on or before                  C. How can I file an objection or hearing             tolerance for residues of Trichoderma
                                                  July 17, 2015, and must be filed in                     request?                                              fertile strain JM41R in or on all food
                                                  accordance with the instructions                          Under FFDCA section 408(g), 21                      commodities. That document referenced
                                                  provided in 40 CFR part 178 (see also
asabaliauskas on DSK5VPTVN1PROD with RULES




                                                                                                          U.S.C. 346a(g), any person may file an                a summary of the petition prepared by
                                                  Unit I.C. of the SUPPLEMENTARY                          objection to any aspect of this regulation            the petitioner BASF Corporation, which
                                                  INFORMATION).
                                                                                                          and may also request a hearing on those               is available in the docket via http://
                                                  ADDRESSES:   The docket for this action,                objections. You must file your objection              www.regulations.gov. There were no
                                                  identified by docket identification (ID)                or request a hearing on this regulation               comments received in response to the
                                                  number EPA–HQ–OPP–2012–0963, is                         in accordance with the instructions                   notice of filing.
                                                  available at http://www.regulations.gov                 provided in 40 CFR part 178. To ensure                   Subsequently, the petitioner provided
                                                  or at the Office of Pesticide Programs                  proper receipt by EPA, you must                       additional data (i.e., DNA sequence


                                             VerDate Sep<11>2014   17:45 May 15, 2015   Jkt 235001   PO 00000   Frm 00049   Fmt 4700   Sfmt 4700   E:\FR\FM\18MYR1.SGM   18MYR1


                                                  28202               Federal Register / Vol. 80, No. 95 / Monday, May 18, 2015 / Rules and Regulations

                                                  work based on newly published                           assessment based on that data can be                     Since tolerances and exemptions that
                                                  taxonomies) on the identity of the                      found within the April 20, 2015,                      are established on the basis of a petition
                                                  pesticide to EPA. After reviewing these                 document entitled ‘‘Federal Food, Drug,               under FFDCA section 408(d), such as
                                                  data, EPA concluded that the correct                    and Cosmetic Act (FFDCA)                              the tolerance exemption in this action,
                                                  identity of the pesticide was                           Considerations for Trichoderma                        do not require the issuance of a
                                                  Trichoderma asperelloides strain JM41R                  asperelloides strain JM41R.’’ This                    proposed rule, the requirements of the
                                                  and not Trichoderma fertile strain                      document, as well as other relevant                   Regulatory Flexibility Act (RFA) (5
                                                  JM41R. In order to give the public an                   information, is available in the docket               U.S.C. 601 et seq.) do not apply.
                                                  opportunity to comment on this new                      for this action as described under
                                                  information, EPA republished its receipt                ADDRESSES. Based upon its evaluation,                    This action directly regulates growers,
                                                  of this tolerance exemption petition                    EPA concludes that there is a reasonable              food processors, food handlers, and food
                                                  filing with an updated and accurate                     certainty that no harm will result to the             retailers, not States or tribes. As a result,
                                                  description in the Federal Register of                  U.S. population, including infants and                this action does not alter the
                                                  January 28, 2015 (80 FR 4525) (FRL–                     children, from aggregate exposure to                  relationships or distribution of power
                                                  9921–55) and placed a revised petition                  residues of Trichoderma asperelloides                 and responsibilities established by
                                                  from BASF Corporation into the docket.                  strain JM41R. Therefore, an exemption                 Congress in the preemption provisions
                                                  There were no comments received in                      from the requirement of a tolerance is                of FFDCA section 408(n)(4). As such,
                                                  response to the republished notice of                   established for residues of Trichoderma               EPA has determined that this action will
                                                  filing.                                                 asperelloides strain JM41R in or on all               not have a substantial direct effect on
                                                                                                          food commodities when used in                         States or tribal governments, on the
                                                  III. Final Rule                                         accordance with label directions and                  relationship between the national
                                                  A. EPA’s Safety Determination                           good agricultural practices.                          government and the States or tribal
                                                     Section 408(c)(2)(A)(i) of FFDCA                     B. Analytical Enforcement Methodology                 governments, or on the distribution of
                                                  allows EPA to establish an exemption                      An analytical method is not required                power and responsibilities among the
                                                  from the requirement for a tolerance (the               for enforcement purposes for the                      various levels of government or between
                                                  legal limit for a pesticide chemical                    reasons contained in the April 20, 2015,              the Federal Government and Indian
                                                  residue in or on a food) only if EPA                    document entitled ‘‘Federal Food, Drug,               tribes. Thus, EPA has determined that
                                                  determines that the exemption is ‘‘safe.’’              and Cosmetic Act (FFDCA)                              Executive Order 13132, entitled
                                                  Section 408(c)(2)(A)(ii) of FFDCA                       Considerations for Trichoderma                        ‘‘Federalism’’ (64 FR 43255, August 10,
                                                  defines ‘‘safe’’ to mean that ‘‘there is a              asperelloides strain JM41R’’ and                      1999), and Executive Order 13175,
                                                  reasonable certainty that no harm will                  because EPA is establishing an                        entitled ‘‘Consultation and Coordination
                                                  result from aggregate exposure to the                   exemption from the requirement of a                   with Indian Tribal Governments’’ (65 FR
                                                  pesticide chemical residue, including                   tolerance without any numerical                       67249, November 9, 2000), do not apply
                                                  all anticipated dietary exposures and all               limitation.                                           to this action. In addition, this action
                                                  other exposures for which there is                                                                            does not impose any enforceable duty or
                                                  reliable information.’’ This includes                   IV. Statutory and Executive Order
                                                                                                          Reviews                                               contain any unfunded mandate as
                                                  exposure through drinking water and in                                                                        described under Title II of the Unfunded
                                                  residential settings but does not include                  This action establishes a tolerance
                                                                                                                                                                Mandates Reform Act (UMRA) (2 U.S.C.
                                                  occupational exposure. Pursuant to                      exemption under FFDCA section 408(d)
                                                                                                                                                                1501 et seq.).
                                                  FFDCA section 408(c)(2)(B), in                          in response to a petition submitted to
                                                  establishing or maintaining in effect an                EPA. The Office of Management and                        This action does not involve any
                                                  exemption from the requirement of a                     Budget (OMB) has exempted these types                 technical standards that would require
                                                  tolerance, EPA must take into account                   of actions from review under Executive                EPA’s consideration of voluntary
                                                  the factors set forth in FFDCA section                  Order 12866, entitled ‘‘Regulatory                    consensus standards pursuant to section
                                                  408(b)(2)(C), which require EPA to give                 Planning and Review’’ (58 FR 51735,                   12(d) of the National Technology
                                                  special consideration to exposure of                    October 4, 1993). Because this action                 Transfer and Advancement Act
                                                  infants and children to the pesticide                   has been exempted from review under                   (NTTAA) (15 U.S.C. 272 note).
                                                  chemical residue in establishing a                      Executive Order 12866, this action is
                                                  tolerance or tolerance exemption, and to                not subject to Executive Order 13211,                 V. Congressional Review Act
                                                  ‘‘ensure that there is a reasonable                     entitled ‘‘Actions Concerning                           Pursuant to the Congressional Review
                                                  certainty that no harm will result to                   Regulations That Significantly Affect
                                                                                                                                                                Act (5 U.S.C. 801 et seq.), EPA will
                                                  infants and children from aggregate                     Energy Supply, Distribution, or Use’’ (66
                                                                                                                                                                submit a report containing this rule and
                                                  exposure to the pesticide chemical                      FR 28355, May 22, 2001), or Executive
                                                                                                          Order 13045, entitled ‘‘Protection of                 other required information to the U.S.
                                                  residue. . . .’’ Additionally, FFDCA
                                                                                                          Children from Environmental Health                    Senate, the U.S. House of
                                                  section 408(b)(2)(D) requires that EPA
                                                  consider ‘‘available information                        Risks and Safety Risks’’ (62 FR 19885,                Representatives, and the Comptroller
                                                  concerning the cumulative effects of [a                 April 23, 1997). This action does not                 General of the United States prior to
                                                  particular pesticide’s] . . . residues and              contain any information collections                   publication of the rule in the Federal
                                                  other substances that have a common                     subject to OMB approval under the                     Register. This action is not a ‘‘major
                                                  mechanism of toxicity.’’                                Paperwork Reduction Act (PRA), 44                     rule’’ as defined by 5 U.S.C. 804(2).
asabaliauskas on DSK5VPTVN1PROD with RULES




                                                     EPA evaluated the available toxicity                 U.S.C. 3501 et seq., nor does it require              List of Subjects in 40 CFR Part 180
                                                  and exposure data on Trichoderma                        any special considerations under
                                                  asperelloides strain JM41R and                          Executive Order 12898, entitled                         Environmental protection,
                                                  considered its validity, completeness,                  ‘‘Federal Actions to Address                          Administrative practice and procedure,
                                                  and reliability, as well as the                         Environmental Justice in Minority                     Agricultural commodities, Pesticides
                                                  relationship of this information to                     Populations and Low-Income                            and pests, Reporting and recordkeeping
                                                  human risk. A full explanation of the                   Populations’’ (59 FR 7629, February 16,               requirements.
                                                  data upon which EPA relied and its risk                 1994).


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                                                                      Federal Register / Vol. 80, No. 95 / Monday, May 18, 2015 / Rules and Regulations                                            28203

                                                    Dated: May 2, 2015.                                   Cathy.Williams@fcc.gov and telephone                  112–96, 126 Stat. 156, 47 U.S.C. 151,
                                                  Jack E. Housenger,                                      at (202) 418–2918.                                    152, 154(i), 157, 201, 301, 303, 309,
                                                  Director, Office of Pesticide Programs.                 SUPPLEMENTARY INFORMATION: This                       1403, 1433, and 1455(a).
                                                                                                          document announces that, on May 5,                       Total Annual Burden: 3,535 hours.
                                                    Therefore, 40 CFR chapter I is                                                                                 Total Annual Cost: None.
                                                  amended as follows:                                     2015, OMB approved certain
                                                                                                          information collection requirements                      Nature and Extent of Confidentiality:
                                                                                                          contained in the Commission’s Report                  There is no need for confidentiality with
                                                  PART 180—[AMENDED]
                                                                                                          and Order, FCC 14–153, published at 80                this collection of information.
                                                  ■ 1. The authority citation for part 180                                                                         Privacy Act Impact Assessment: This
                                                                                                          FR 1238, January 8, 2015. The OMB
                                                  continues to read as follows:                                                                                 information collection may affect
                                                                                                          Control Number is 3060–1208. The
                                                                                                                                                                individuals or households. However,
                                                      Authority: 21 U.S.C. 321(q), 346a and 371.          Commission publishes this document as
                                                                                                                                                                the information collection consists of
                                                                                                          an announcement of the effective date of
                                                  ■ 2. Add § 180.1331 to subpart D to read                                                                      third-party disclosures in which the
                                                                                                          these information collection
                                                  as follows:                                                                                                   Commission has no direct involvement.
                                                                                                          requirements.                                         Personally identifiable information (PII)
                                                  § 180.1331 Trichoderma asperelloides                    Synopsis                                              is not being collected by, made available
                                                  strain JM41R; exemption from the                                                                              to, or made accessible by the
                                                  requirement of a tolerance.                                As required by the Paperwork
                                                                                                          Reduction Act of 1995 (44 U.S.C. 3507),               Commission. There are no additional
                                                    An exemption from the requirement                                                                           impacts under the Privacy Act.
                                                  of a tolerance is established for residues              the FCC is notifying the public that it
                                                                                                                                                                   Needs and Uses: The Commission
                                                  of Trichoderma asperelloides strain                     received OMB approval on May 5, 2015,
                                                                                                                                                                requested OMB approval for new
                                                  JM41R in or on all food commodities                     for the new information collection
                                                                                                                                                                disclosure requirements pertaining to
                                                  when used in accordance with label                      requirements contained in the
                                                                                                                                                                subpart CC of part 1 of the
                                                  directions and good agricultural                        Commission’s rules at 47 CFR
                                                                                                                                                                Commission’s rules. This subpart was
                                                  practices.                                              1.40001(c)(3)(i), 1.140001(c)(3)(iii), and
                                                                                                                                                                adopted to implement and enforce
                                                                                                          1.140001(c)(4). Under 5 CFR part 1320,
                                                  [FR Doc. 2015–11960 Filed 5–15–15; 8:45 am]                                                                   Section 6409(a) of the Middle Class Tax
                                                                                                          an agency may not conduct or sponsor
                                                  BILLING CODE 6560–50–P                                                                                        Relief and Job Creation Act of 2012.
                                                                                                          a collection of information unless it
                                                                                                                                                                Section 6409(a) provides, in part, that ‘‘a
                                                                                                          displays a current, valid OMB Control
                                                                                                                                                                State or local government may not deny,
                                                                                                          Number. No person shall be subject to
                                                  FEDERAL COMMUNICATIONS                                                                                        and shall approve, any eligible facilities
                                                                                                          any penalty for failing to comply with
                                                  COMMISSION                                                                                                    request for a modification of an existing
                                                                                                          a collection of information subject to the
                                                                                                                                                                wireless tower or base station that does
                                                  47 CFR Part 1                                           Paperwork Reduction Act that does not
                                                                                                                                                                not substantially change the physical
                                                                                                          display a current, valid OMB Control
                                                  [WT Docket Nos. 13–238 and 13–32, WC
                                                                                                                                                                dimensions of such tower or base
                                                                                                          Number. The OMB Control Number is
                                                  Docket No. 11–59; FCC 14–153]                                                                                 station.’’ 47 U.S.C. 1455(a)(1). In subpart
                                                                                                          3060–1208.
                                                                                                                                                                CC, the Commission adopted definitions
                                                                                                             The foregoing notice is required by
                                                  Acceleration of Broadband                                                                                     of ambiguous terms, procedural
                                                                                                          the Paperwork Reduction Act of 1995,
                                                  Deployment by Improving Wireless                                                                              requirements, and remedies to provide
                                                                                                          Public Law 104–13, October 1, 1995,
                                                  Facilities Siting Policies                                                                                    guidance to all stakeholders on the
                                                                                                          and 44 U.S.C. 3507.
                                                                                                             The total annual reporting burdens                 proper interpretation of the provision
                                                  AGENCY:   Federal Communications                                                                              and to enforce its requirements,
                                                  Commission.                                             and costs for the respondents are as
                                                                                                          follows:                                              reducing delays in the review process
                                                  ACTION: Final rule; announcement of                                                                           for wireless infrastructure modifications
                                                  effective date.                                            OMB Control Number: 3060–1208.
                                                                                                             OMB Approval Date: May 5, 2015.                    and facilitating the rapid deployment of
                                                  SUMMARY:   In this document, the Federal                   OMB Expiration Date: May 31, 2018.                 wireless infrastructure.
                                                  Communications Commission                                  Title: Acceleration of Broadband                      The following are the information
                                                  (Commission) announces that the Office                  Deployment by Improving Wireless                      collection requirements in connection
                                                  of Management and Budget (OMB) has                      Facilities Siting Policies.                           with subpart CC of part 1 of the
                                                  approved, for a period of three years,                     Form Number: N/A.                                  Commission’s rules:
                                                                                                             Respondents: Individuals or                           • 47 CFR 1.40001(c)(3)(i)—To toll the
                                                  certain information collection
                                                                                                          households, business or other for-profit              60-day review timeframe on grounds
                                                  requirements associated with the
                                                                                                          entities, not-for-profit institutions and             that an application is incomplete, the
                                                  Commission’s Report and Order
                                                                                                          State, local or Tribal governments.                   reviewing State or local government
                                                  regarding the Acceleration of Broadband
                                                                                                             Number of Respondents and                          must provide written notice to the
                                                  Deployment by Improving Wireless
                                                                                                          Responses: 1,350 respondents; 3,597                   applicant within 30 days of receipt of
                                                  Facilities Siting Policies, FCC 14–153.
                                                                                                          responses.                                            the application, clearly and specifically
                                                  This document is consistent with the
                                                                                                             Estimated Time per Response: .5                    delineating all missing documents or
                                                  Report and Order, which stated that the
                                                                                                          hours to 1 hour.                                      information. Such delineated
                                                  Commission would publish a document
                                                                                                             Frequency of Response: Third-party                 information is limited to documents or
                                                  in the Federal Register announcing
                                                                                                          disclosure reporting requirement.                     information meeting the standard under
                                                  OMB approval and the effective date of                     Obligation to Respond: Required to                 paragraph (c)(1) of Section 1.40001.
                                                  the new information collection
asabaliauskas on DSK5VPTVN1PROD with RULES




                                                                                                          obtain or retain benefits. Statutory                     • 47 CFR 1.40001(c)(3)(iii)—
                                                  requirements.                                           authority for this information collection             Following a supplemental submission
                                                  DATES: 47 CFR 1.40001(c)(3)(i),                         is contained in Sections 1, 2, 4(i), 7, 201,          from the applicant, the State or local
                                                  1.140001(c)(3)(iii), and 1.140001(c)(4),                301, 303, and 309 of the                              government will have 10 days to notify
                                                  published at 80 FR 1238, January 8,                     Communications Act of 1934, as                        the applicant in writing if the
                                                  2015, are effective on May 18, 2015.                    amended, and Sections 6003, 6213, and                 supplemental submission did not
                                                  FOR FURTHER INFORMATION CONTACT:                        6409(a) of the Middle Class Tax Relief                provide the information identified in
                                                  Cathy Williams by email at                              and Job Creation Act of 2012, Pub. L.                 the State or local government’s original


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Document Created: 2015-12-16 07:39:32
Document Modified: 2015-12-16 07:39:32
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule.
DatesThis regulation is effective May 18, 2015. Objections and requests for hearings must be received on or before July 17, 2015, and must be filed in accordance with the instructions provided in 40 CFR part 178 (see also Unit I.C. of the SUPPLEMENTARY INFORMATION).
ContactRobert McNally, Biopesticides and Pollution Prevention Division (7511P), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460-0001; main telephone number: (703) 305-7090; email
FR Citation80 FR 28201 
CFR AssociatedEnvironmental Protection; Administrative Practice and Procedure; Agricultural Commodities; Pesticides and Pests and Reporting and Recordkeeping Requirements

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