80_FR_30720 80 FR 30617 - Authority of the Assistant Attorneys General To Compromise or Close Civil Claims

80 FR 30617 - Authority of the Assistant Attorneys General To Compromise or Close Civil Claims

DEPARTMENT OF JUSTICE
Office of the Attorney General

Federal Register Volume 80, Issue 103 (May 29, 2015)

Page Range30617-30619
FR Document2015-12991

This final rule amends the Department's regulations to increase the authority currently delegated to the Assistant Attorneys General to compromise or close civil claims and to make certain technical corrections.

Federal Register, Volume 80 Issue 103 (Friday, May 29, 2015)
[Federal Register Volume 80, Number 103 (Friday, May 29, 2015)]
[Rules and Regulations]
[Pages 30617-30619]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-12991]


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

DEPARTMENT OF JUSTICE

Office of the Attorney General

28 CFR Part 0

[Docket No. OAG 147; AG Order No. 3532-2015]


Authority of the Assistant Attorneys General To Compromise or 
Close Civil Claims

AGENCY: Department of Justice.

ACTION: Final rule.

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

SUMMARY: This final rule amends the Department's regulations to 
increase the authority currently delegated to the Assistant Attorneys 
General to compromise or close civil claims and to make certain 
technical corrections.

DATES: Effective May 29, 2015

FOR FURTHER INFORMATION CONTACT: August E. Flentje, Acting Deputy 
Assistant Attorney General, Civil Division, Department of Justice, 
Washington, DC 20530; (202) 514-3309.

SUPPLEMENTARY INFORMATION: The current delegations of authority to 
compromise or close civil claims are contained in 28 CFR part 0, 
subpart Y, Sec. Sec.  0.160-0.169. See 60 FR 15675 (Mar. 27, 1995). 
This final rule increases the monetary thresholds for the exercise of 
this authority by the Assistant Attorneys General and increases the 
redelegation authority to the United States Attorneys with respect to 
accepting offers of compromise for affirmative claims.
    This final rule amends 28 CFR 0.160(a)(1) to increase the authority 
of the Assistant Attorneys General to compromise a civil claim asserted 
by the United States where the proposed settlement is within $10 
million or 15 percent of the original claim (up from the current 
threshold of $2 million or 15 percent of the original claim). As 
provided in Sec.  0.164, this change to Sec.  0.160(a)(1) also means 
that the Assistant Attorneys General will have authority to close 
affirmative civil matters within the same new limits.
    The final rule adds a new paragraph Sec.  0.160(a)(2) to allow the 
Assistant Attorneys General to accept compromises in affirmative civil 
cases independent of the $10 million cap in the limited circumstance 
where a qualified financial expert has reviewed the defendant's 
finances and has determined that the defendant likely does not have the 
ability to pay more than the proposed compromise offer. This would 
obviate the need to obtain higher level approval when claims are being 
compromised simply based on the defendant's financial condition rather 
than an analysis of the legal or factual merits of the claim. To 
clarify that new Sec.  0.160(a)(2) applies to all cases within the 
authority of the Assistant Attorney General for the Environment and 
Natural Resources Division, including cases brought under the 
Comprehensive Environmental Response, Compensation and Liability Act, 
42 U.S.C. 9601 et seq., the final rule also amends Sec.  0.160(c)(2) by 
removing language similar to new Sec.  0.160(a)(2).
    In addition, the final rule also increases the authority for the 
Assistant Attorneys General to accept offers in compromise of claims 
asserted against the United States of up to $4 million (up from the 
current threshold of $2 million). See new Sec.  0.160(a)(3) (currently 
Sec.  0.160(a)(2)).
    The final rule also amends Sec.  0.168(d) to allow a delegation of 
authority to the United States Attorneys to compromise claims asserted 
by the United States for up to $10 million (up from a claim of $5 
million where the settlement difference does not exceed $1 million). 
Citations to subsections of Sec.  0.160 in Sec. Sec.  0.162 and 0.168 
also have been revised in light of the changes to Sec.  0.160.

[[Page 30618]]

    Finally, this final rule would update the agency reference in Sec.  
0.169(b) defining the term ``gross amount of the original claim'' for 
purposes of any civil claim brought under section 592 of the Tariff Act 
of 1930, as amended.

Regulatory Certifications

Administrative Procedure Act

    This rule relates to a matter of agency management or personnel and 
is a rule of agency organization, procedure, and practice. As such, 
this rule is exempt from the usual requirements of prior notice and 
comment and a 30-day delay in effective date. See 5 U.S.C. 553.

Regulatory Flexibility Act

    The Attorney General, in accordance with the Regulatory Flexibility 
Act, 5 U.S.C. 605(b), has reviewed this rule, and by approving it, 
certifies that it will not have an impact on a substantial number of 
small entities because it pertains to personnel and administrative 
matters affecting the Department. Further, a Regulatory Flexibility 
Analysis is not required for this final rule because the Department was 
not required to publish a general notice of proposed rulemaking for 
this matter.

Executive Orders 12866 and 13563

    This rule has been drafted and reviewed in accordance with 
Executive Order 12866, ``Regulatory Planning and Review,'' section 
l(b), Principles of Regulation, and with Executive Order 13563, 
``Improving Regulation and Regulatory Review.'' This final rule is 
``limited to agency organization, management, or personnel matters'' 
and thus is not a ``rule'' as described by Executive Order 12866, 
section 3(d)(3) and, therefore, is not a ``regulation'' or ``rule'' as 
defined by that Executive Order.

Executive Order 12988

    This regulation meets the applicable standards set forth in 
sections 3(a) and 3(b)(2) of Executive Order 12988, ``Civil Justice 
Reform.''

Executive Order 13132

    This rule will not have substantial direct effects on the States, 
on the relationship between the national government and the States, or 
on the distribution of power and responsibilities among the various 
levels of government. Therefore, in accordance with Executive Order 
13132, ``Federalism,'' the Department has determined that this rule 
does not have sufficient federalism implications to warrant the 
preparation of a federalism summary impact statement.

Unfunded Mandates Reform Act of 1995

    This rule will not result in the expenditure by State, local, and 
tribal governments, in the aggregate, or by the private sector, of $100 
million or more (adjusted for inflation) in any one year, and it will 
not significantly or uniquely affect small governments. Therefore, no 
actions are necessary under the provisions of the Unfunded Mandates 
Reform Act of 1995, 2 U.S.C. 1501 et seq.

Small Business Regulatory Enforcement Fairness Act of 1996

    This rule is not a major rule as defined by section 251 of the 
Small Business Regulatory Enforcement Fairness Act of 1996, 5 U.S.C. 
804. This rule will not result in an annual effect on the economy of 
$100 million or more; a major increase in costs or prices; or 
significant adverse effects on competition, employment, investment, 
productivity, innovation, or the ability of United States-based 
enterprises to compete with foreign-based enterprises in domestic and 
export markets.

Congressional Review Act

    This action pertains to agency management, personnel, and 
organization and does not substantially affect the rights or 
obligations of non-agency parties. Accordingly, it is not a ``rule'' 
for purposes of the reporting requirement of 5 U.S.C. 801.

List of Subjects in 28 CFR Part 0

    Authority delegations (Government agencies), Government employees, 
Organization and functions (Government agencies), Privacy, Reporting 
and recordkeeping requirements, Whistleblowing.

    Accordingly, by virtue of the authority vested in me as Attorney 
General, including 5 U.S.C. 301 and 28 U.S.C. 509, 510, and for the 
reasons set forth in the preamble, part 0 of title 28 of the Code of 
Federal Regulations is amended as follows:

PART 0--ORGANIZATION OF THE DEPARTMENT OF JUSTICE

0
1. The authority citation for part 0 continues to read as follows:

    Authority: 5 U.S.C. 301; 28 U.S.C. 509, 510, 515-19.


0
2. In Sec.  0.160, revise paragraphs (a), (c) introductory text, and 
(c)(2) to read as follows:


Sec.  0.160  Offers that may be accepted by Assistant Attorneys 
General.

    (a) Subject to the limitations set forth in paragraph (d) of this 
section, Assistant Attorneys General are authorized, with respect to 
matters assigned to their respective divisions, to:
    (1) Accept offers in compromise of claims asserted by the United 
States in all cases in which the difference between the gross amount of 
the original claim and the proposed settlement does not exceed 
$10,000,000 or 15 percent of the original claim, whichever is greater;
    (2) Accept offers in compromise of claims asserted by the United 
States in all cases in which a qualified financial expert has 
determined that the offer in compromise is likely the maximum that the 
offeror has the ability to pay;
    (3) Accept offers in compromise of, or settle administratively, 
claims against the United States in all cases in which the principal 
amount of the proposed settlement does not exceed $4,000,000; and
    (4) Accept offers in compromise in all nonmonetary cases.
* * * * *
    (c) Subject to the limitations set forth in paragraph (d) of this 
section, the Assistant Attorney General, Environment and Natural 
Resources Division, is further authorized to approve settlements under 
the Comprehensive Environmental Response, Compensation and Liability 
Act, 42 U.S.C. 9601 et seq., regardless of the amount of the proposed 
settlement, with:
* * * * *
    (2) Parties whose responsibility can be equitably allocated and are 
paying at least the allocated amount.
* * * * *


Sec.  0.162  [Amended]

0
3. Amend Sec.  0.162 by removing the reference to ``Sec.  0.160(c)(2)'' 
and adding in its place ``Sec.  0.160(d)(2)''.
0
4. Amend Sec.  0.168:
0
a. In paragraph (a) by removing the reference to ``Sec. Sec.  0.160(a) 
and (b)'' and adding in its place ``Sec. Sec.  0.160(a), (b), and 
(c)''; and
0
b. By revising paragraphs (d) introductory text and (d)(1).
    The revisions read as follows:


Sec.  0.168  Redelegation by Assistant Attorneys General.

* * * * *
    (d) Subject to the limitations set forth in Sec.  0.160(d) and 
paragraph (a) of this section, redelegations by the Assistant Attorneys 
General to United States Attorneys may include the authority to:
    (1) Accept offers in compromise of claims asserted by the United 
States in all cases in which the gross amount of

[[Page 30619]]

the original claim does not exceed $10,000,000; and
* * * * *


Sec.  0.169  [Amended]

0
5. Amend paragraph (b) of Sec.  0.169 by removing the words ``Customs 
Service's'' and adding in their place the words ``United States Customs 
and Border Protection's''.

    Dated: May 21, 2015.
Loretta E. Lynch,
Attorney General.
[FR Doc. 2015-12991 Filed 5-28-15; 8:45 am]
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                                                                Federal Register / Vol. 80, No. 103 / Friday, May 29, 2015 / Rules and Regulations                                         30617

                                           Executive Order 13563, ‘‘Improving                      during normal business hours at the                   contained in 28 CFR part 0, subpart Y,
                                           Regulation and Regulatory Review.’’                     ATF Reading Room, Room 1E–062, 99                     §§ 0.160–0.169. See 60 FR 15675 (Mar.
                                           Only one comment was received as a                      New York Avenue NE., Washington, DC                   27, 1995). This final rule increases the
                                           result of this outreach. The commenter                  20226; telephone: (202) 648–8740.                     monetary thresholds for the exercise of
                                           generally believes that the rule creates                                                                      this authority by the Assistant Attorneys
                                                                                                   Drafting Information
                                           additional legal requirements without                                                                         General and increases the redelegation
                                           providing measures to prevent crime.                      The author of this document is George               authority to the United States Attorneys
                                           The Department believes that the rule in                M. Fodor, Office of Regulatory Affairs,               with respect to accepting offers of
                                           fact has the opposite effect, decreasing                Enforcement Programs and Services,                    compromise for affirmative claims.
                                           legal requirements by removing defense                  Bureau of Alcohol, Tobacco, Firearms,                    This final rule amends 28 CFR
                                           articles from the USMIL while                           and Explosives.                                       0.160(a)(1) to increase the authority of
                                           enhancing national security by focusing                                                                       the Assistant Attorneys General to
                                                                                                   List of Subjects in 27 CFR Part 447
                                           resources on imports that need to be                                                                          compromise a civil claim asserted by
                                           protected.                                                Administrative practice and                         the United States where the proposed
                                                                                                   procedure, Arms and munitions,                        settlement is within $10 million or 15
                                           E. Regulatory Flexibility Act                           Chemicals, Customs duties and                         percent of the original claim (up from
                                              The provisions of the Regulatory                     inspection, Imports, Penalties,                       the current threshold of $2 million or 15
                                           Flexibility Act relating to an initial and              Reporting and recordkeeping                           percent of the original claim). As
                                           final regulatory flexibility analysis are               requirements, Scientific equipment,                   provided in § 0.164, this change to
                                           not applicable to this final rule because               Seizures and forfeitures.                             § 0.160(a)(1) also means that the
                                           the Department was not required to                                                                            Assistant Attorneys General will have
                                           publish a general notice of proposed                    PART 447—IMPORTATION OF ARMS,                         authority to close affirmative civil
                                           rulemaking under 5 U.S.C. 553 or any                    AMMUNITION AND DEFENSE                                matters within the same new limits.
                                           other law. See 5 U.S.C. 601 et seq.                     ARTICLES                                                 The final rule adds a new paragraph
                                                                                                      Accordingly, for the reasons                       § 0.160(a)(2) to allow the Assistant
                                           F. Small Business Regulatory                                                                                  Attorneys General to accept
                                           Enforcement Fairness Act of 1996                        discussed in the preamble, the interim
                                                                                                   final rule amending part 447 of title 27              compromises in affirmative civil cases
                                              This rule is not a major rule as                     of the Code of Federal Regulations,                   independent of the $10 million cap in
                                           defined by section 251 of the Small                     which was published at 79 FR 17024 on                 the limited circumstance where a
                                           Business Regulatory Enforcement                         March 27, 2014, is adopted as a final                 qualified financial expert has reviewed
                                           Fairness Act of 1996. 5 U.S.C. 804. This                rule, without change.                                 the defendant’s finances and has
                                           rule is not likely to result in an annual                                                                     determined that the defendant likely
                                           effect on the economy of $100 million                     Dated: May 21, 2015.                                does not have the ability to pay more
                                           or more; a major increase in costs or                   Loretta E. Lynch,                                     than the proposed compromise offer.
                                           prices; or significant adverse effects on               Attorney General.                                     This would obviate the need to obtain
                                           competition, employment, investment,                    [FR Doc. 2015–12992 Filed 5–28–15; 8:45 am]           higher level approval when claims are
                                           productivity, innovation, or the ability                BILLING CODE 4410–FY–P                                being compromised simply based on the
                                           of United States-based enterprises to                                                                         defendant’s financial condition rather
                                           compete with foreign-based enterprises                                                                        than an analysis of the legal or factual
                                           in domestic and export markets.                         DEPARTMENT OF JUSTICE                                 merits of the claim. To clarify that new
                                                                                                                                                         § 0.160(a)(2) applies to all cases within
                                           G. Unfunded Mandates Reform Act of                      Office of the Attorney General                        the authority of the Assistant Attorney
                                           1995                                                                                                          General for the Environment and
                                             This rule will not result in the                      28 CFR Part 0                                         Natural Resources Division, including
                                           expenditure by State, local and tribal                  [Docket No. OAG 147; AG Order No. 3532–               cases brought under the Comprehensive
                                           governments, in the aggregate, or by the                2015]                                                 Environmental Response, Compensation
                                           private sector, of $100 million or more                                                                       and Liability Act, 42 U.S.C. 9601 et seq.,
                                           in any one year, and it will not                        Authority of the Assistant Attorneys                  the final rule also amends § 0.160(c)(2)
                                           significantly or uniquely affect small                  General To Compromise or Close Civil                  by removing language similar to new
                                           governments. Therefore, no actions were                 Claims                                                § 0.160(a)(2).
                                           deemed necessary under the provisions                                                                            In addition, the final rule also
                                                                                                   AGENCY:    Department of Justice.                     increases the authority for the Assistant
                                           of the Unfunded Mandates Reform Act
                                           of 1995. See 2 U.S.C. 1501 et seq.                      ACTION:   Final rule.                                 Attorneys General to accept offers in
                                                                                                                                                         compromise of claims asserted against
                                           H. Paperwork Reduction Act                              SUMMARY:  This final rule amends the
                                                                                                                                                         the United States of up to $4 million (up
                                                                                                   Department’s regulations to increase the
                                             The provisions of the Paperwork                                                                             from the current threshold of $2
                                                                                                   authority currently delegated to the
                                           Reduction Act of 1995, Public Law 104–                                                                        million). See new § 0.160(a)(3)
                                                                                                   Assistant Attorneys General to
                                           13, 44 U.S.C. Chapter 35, and its                                                                             (currently § 0.160(a)(2)).
                                                                                                   compromise or close civil claims and to                  The final rule also amends § 0.168(d)
                                           implementing regulations, 5 CFR part                    make certain technical corrections.
                                           1320, do not apply to this rule because                                                                       to allow a delegation of authority to the
                                                                                                   DATES: Effective May 29, 2015                         United States Attorneys to compromise
                                           there are no reporting or recordkeeping
                                           requirements.                                           FOR FURTHER INFORMATION CONTACT:                      claims asserted by the United States for
                                                                                                   August E. Flentje, Acting Deputy                      up to $10 million (up from a claim of
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                                           Disclosure                                              Assistant Attorney General, Civil                     $5 million where the settlement
                                             Copies of the interim final rule and                  Division, Department of Justice,                      difference does not exceed $1 million).
                                           the comment received are available for                  Washington, DC 20530; (202) 514–3309.                 Citations to subsections of § 0.160 in
                                           public inspection through the Federal e-                SUPPLEMENTARY INFORMATION: The                        §§ 0.162 and 0.168 also have been
                                           Government portal, http://                              current delegations of authority to                   revised in light of the changes to
                                           www.regulations.gov, or by appointment                  compromise or close civil claims are                  § 0.160.


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                                           30618                Federal Register / Vol. 80, No. 103 / Friday, May 29, 2015 / Rules and Regulations

                                             Finally, this final rule would update                 Unfunded Mandates Reform Act of 1995                  Assistant Attorneys General are
                                           the agency reference in § 0.169(b)                         This rule will not result in the                   authorized, with respect to matters
                                           defining the term ‘‘gross amount of the                 expenditure by State, local, and tribal               assigned to their respective divisions,
                                           original claim’’ for purposes of any civil              governments, in the aggregate, or by the              to:
                                           claim brought under section 592 of the                  private sector, of $100 million or more                  (1) Accept offers in compromise of
                                           Tariff Act of 1930, as amended.                         (adjusted for inflation) in any one year,             claims asserted by the United States in
                                           Regulatory Certifications                               and it will not significantly or uniquely             all cases in which the difference
                                                                                                   affect small governments. Therefore, no               between the gross amount of the original
                                           Administrative Procedure Act                            actions are necessary under the                       claim and the proposed settlement does
                                              This rule relates to a matter of agency              provisions of the Unfunded Mandates                   not exceed $10,000,000 or 15 percent of
                                           management or personnel and is a rule                   Reform Act of 1995, 2 U.S.C. 1501 et                  the original claim, whichever is greater;
                                           of agency organization, procedure, and                  seq.                                                     (2) Accept offers in compromise of
                                           practice. As such, this rule is exempt                                                                        claims asserted by the United States in
                                                                                                   Small Business Regulatory Enforcement                 all cases in which a qualified financial
                                           from the usual requirements of prior
                                                                                                   Fairness Act of 1996                                  expert has determined that the offer in
                                           notice and comment and a 30-day delay
                                           in effective date. See 5 U.S.C. 553.                      This rule is not a major rule as                    compromise is likely the maximum that
                                                                                                   defined by section 251 of the Small                   the offeror has the ability to pay;
                                           Regulatory Flexibility Act                              Business Regulatory Enforcement                          (3) Accept offers in compromise of, or
                                             The Attorney General, in accordance                   Fairness Act of 1996, 5 U.S.C. 804. This              settle administratively, claims against
                                           with the Regulatory Flexibility Act, 5                  rule will not result in an annual effect              the United States in all cases in which
                                           U.S.C. 605(b), has reviewed this rule,                  on the economy of $100 million or                     the principal amount of the proposed
                                           and by approving it, certifies that it will             more; a major increase in costs or prices;            settlement does not exceed $4,000,000;
                                           not have an impact on a substantial                     or significant adverse effects on                     and
                                           number of small entities because it                     competition, employment, investment,                     (4) Accept offers in compromise in all
                                           pertains to personnel and administrative                productivity, innovation, or the ability              nonmonetary cases.
                                           matters affecting the Department.                       of United States-based enterprises to                 *      *     *     *     *
                                           Further, a Regulatory Flexibility                       compete with foreign-based enterprises                   (c) Subject to the limitations set forth
                                           Analysis is not required for this final                 in domestic and export markets.                       in paragraph (d) of this section, the
                                           rule because the Department was not                     Congressional Review Act                              Assistant Attorney General,
                                           required to publish a general notice of                                                                       Environment and Natural Resources
                                           proposed rulemaking for this matter.                       This action pertains to agency
                                                                                                                                                         Division, is further authorized to
                                                                                                   management, personnel, and
                                           Executive Orders 12866 and 13563                                                                              approve settlements under the
                                                                                                   organization and does not substantially
                                                                                                                                                         Comprehensive Environmental
                                              This rule has been drafted and                       affect the rights or obligations of non-
                                                                                                                                                         Response, Compensation and Liability
                                           reviewed in accordance with Executive                   agency parties. Accordingly, it is not a
                                                                                                                                                         Act, 42 U.S.C. 9601 et seq., regardless of
                                           Order 12866, ‘‘Regulatory Planning and                  ‘‘rule’’ for purposes of the reporting
                                                                                                                                                         the amount of the proposed settlement,
                                           Review,’’ section l(b), Principles of                   requirement of 5 U.S.C. 801.
                                                                                                                                                         with:
                                           Regulation, and with Executive Order                    List of Subjects in 28 CFR Part 0                     *      *     *     *     *
                                           13563, ‘‘Improving Regulation and
                                           Regulatory Review.’’ This final rule is                   Authority delegations (Government                      (2) Parties whose responsibility can be
                                           ‘‘limited to agency organization,                       agencies), Government employees,                      equitably allocated and are paying at
                                           management, or personnel matters’’ and                  Organization and functions                            least the allocated amount.
                                           thus is not a ‘‘rule’’ as described by                  (Government agencies), Privacy,                       *      *     *     *     *
                                           Executive Order 12866, section 3(d)(3)                  Reporting and recordkeeping
                                                                                                   requirements, Whistleblowing.                         § 0.162    [Amended]
                                           and, therefore, is not a ‘‘regulation’’ or
                                           ‘‘rule’’ as defined by that Executive                     Accordingly, by virtue of the                       ■ 3. Amend § 0.162 by removing the
                                           Order.                                                  authority vested in me as Attorney                    reference to ‘‘§ 0.160(c)(2)’’ and adding
                                                                                                   General, including 5 U.S.C. 301 and 28                in its place ‘‘§ 0.160(d)(2)’’.
                                           Executive Order 12988                                                                                         ■ 4. Amend § 0.168:
                                                                                                   U.S.C. 509, 510, and for the reasons set
                                             This regulation meets the applicable                  forth in the preamble, part 0 of title 28             ■ a. In paragraph (a) by removing the
                                           standards set forth in sections 3(a) and                of the Code of Federal Regulations is                 reference to ‘‘§§ 0.160(a) and (b)’’ and
                                           3(b)(2) of Executive Order 12988, ‘‘Civil               amended as follows:                                   adding in its place ‘‘§§ 0.160(a), (b), and
                                           Justice Reform.’’                                                                                             (c)’’; and
                                                                                                   PART 0—ORGANIZATION OF THE                            ■ b. By revising paragraphs (d)
                                           Executive Order 13132                                   DEPARTMENT OF JUSTICE                                 introductory text and (d)(1).
                                              This rule will not have substantial                                                                           The revisions read as follows:
                                           direct effects on the States, on the                    ■ 1. The authority citation for part 0
                                           relationship between the national                       continues to read as follows:                         § 0.168 Redelegation by Assistant
                                           government and the States, or on the                      Authority: 5 U.S.C. 301; 28 U.S.C. 509,             Attorneys General.
                                           distribution of power and                               510, 515–19.                                          *      *    *      *    *
                                           responsibilities among the various                      ■ 2. In § 0.160, revise paragraphs (a), (c)              (d) Subject to the limitations set forth
                                           levels of government. Therefore, in                                                                           in § 0.160(d) and paragraph (a) of this
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                                                                                                   introductory text, and (c)(2) to read as
                                           accordance with Executive Order 13132,                  follows:                                              section, redelegations by the Assistant
                                           ‘‘Federalism,’’ the Department has                                                                            Attorneys General to United States
                                           determined that this rule does not have                 § 0.160 Offers that may be accepted by                Attorneys may include the authority to:
                                           sufficient federalism implications to                   Assistant Attorneys General.                             (1) Accept offers in compromise of
                                           warrant the preparation of a federalism                   (a) Subject to the limitations set forth            claims asserted by the United States in
                                           summary impact statement.                               in paragraph (d) of this section,                     all cases in which the gross amount of


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                                                                Federal Register / Vol. 80, No. 103 / Friday, May 29, 2015 / Rules and Regulations                                         30619

                                           the original claim does not exceed                      information about the docket available                any Confidential Business Information
                                           $10,000,000; and                                        at http://www.epa.gov/dockets.                        (CBI)) for inclusion in the public docket.
                                           *     *    *     *    *                                 FOR FURTHER INFORMATION CONTACT:                      Information not marked confidential
                                                                                                   Susan Lewis, Registration Division                    pursuant to 40 CFR part 2 may be
                                           § 0.169   [Amended]                                     (7505P), Office of Pesticide Programs,                disclosed publicly by EPA without prior
                                           ■ 5. Amend paragraph (b) of § 0.169 by                  Environmental Protection Agency, 1200                 notice. Submit the non-CBI copy of your
                                           removing the words ‘‘Customs                            Pennsylvania Ave. NW., Washington,                    objection or hearing request, identified
                                           Service’s’’ and adding in their place the               DC 20460–0001; main telephone                         by docket ID number EPA–HQ–OPP–
                                           words ‘‘United States Customs and                       number: (703) 305–7090; email address:                2014–0230, by one of the following
                                           Border Protection’s’’.                                  RDFRNotices@epa.gov.                                  methods:
                                                                                                                                                           • Federal eRulemaking Portal: http://
                                             Dated: May 21, 2015.                                  SUPPLEMENTARY INFORMATION:
                                                                                                                                                         www.regulations.gov. Follow the online
                                           Loretta E. Lynch,
                                                                                                   I. General Information                                instructions for submitting comments.
                                           Attorney General.                                                                                             Do not submit electronically any
                                           [FR Doc. 2015–12991 Filed 5–28–15; 8:45 am]             A. Does this action apply to me?
                                                                                                                                                         information you consider to be CBI or
                                           BILLING CODE 4410–12–P                                     You may be potentially affected by                 other information whose disclosure is
                                                                                                   this action if you are an agricultural                restricted by statute.
                                                                                                   producer, food manufacturer, or                         • Mail: OPP Docket, Environmental
                                           ENVIRONMENTAL PROTECTION                                pesticide manufacturer. The following                 Protection Agency Docket Center
                                           AGENCY                                                  list of North American Industrial                     (EPA/DC), (28221T), 1200 Pennsylvania
                                                                                                   Classification System (NAICS) codes is                Ave. NW., Washington, DC 20460–0001.
                                           40 CFR Part 180                                         not intended to be exhaustive, but rather               • Hand Delivery: To make special
                                                                                                   provides a guide to help readers                      arrangements for hand delivery or
                                           [EPA–HQ–OPP–2014–0230; FRL–9927–11]                                                                           delivery of boxed information, please
                                                                                                   determine whether this document
                                                                                                   applies to them. Potentially affected                 follow the instructions at http://
                                           Metconazole; Pesticide Tolerances
                                                                                                   entities may include:                                 www.epa.gov/dockets/contacts.html.
                                           AGENCY:  Environmental Protection                          • Crop production (NAICS code 111).                Additional instructions on commenting
                                           Agency (EPA).                                              • Animal production (NAICS code                    or visiting the docket, along with more
                                           ACTION: Final rule.                                     112).                                                 information about dockets generally, is
                                                                                                      • Food manufacturing (NAICS code                   available at
                                           SUMMARY:   This regulation establishes                  311).                                                 http://www.epa.gov/dockets.
                                           tolerances for residues of metconazole                     • Pesticide manufacturing (NAICS
                                                                                                   code 32532).                                          II. Summary of Petitioned-For
                                           in or on multiple commodities which
                                                                                                                                                         Tolerance
                                           are identified and discussed later in this              B. How can I get electronic access to
                                           document. Interregional Research                                                                                 In the Federal Register of May 23,
                                                                                                   other related information?                            2014 (79 FR 29729) (FRL–9910–29),
                                           Project Number 4 (IR–4) requested these
                                           tolerances under the Federal Food,                        You may access a frequently updated                 EPA issued a document pursuant to
                                           Drug, and Cosmetic Act (FFDCA). In                      electronic version of EPA’s tolerance                 FFDCA section 408(d)(3), 21 U.S.C.
                                           addition, this regulation removes                       regulations at 40 CFR part 180 through                346a(d)(3), announcing the filing of a
                                           established tolerances for certain                      the Government Publishing Office’s e-                 pesticide petition (PP 4E8244) by
                                           commodities/groups superseded by this                   CFR site at http://www.ecfr.gov/cgi-bin/              Interregional Research Project Number 4
                                           action, and deletes expired tolerances.                 text-idx?&c=ecfr&tpl=/ecfrbrowse/                     (IR–4), 500 College Road East, Suite 201
                                                                                                   Title40/40tab_02.tpl.                                 W, Princeton, NJ 08540. The petition
                                           DATES: This regulation is effective May
                                                                                                                                                         requested that 40 CFR 180.617 be
                                           29, 2015. Objections and requests for                   C. How can I file an objection or hearing             amended by establishing tolerances for
                                           hearings must be received on or before                  request?                                              residues of the fungicide metconazole,
                                           July 28, 2015, and must be filed in                       Under FFDCA section 408(g), 21                      5-[(4-chlorophenyl)methyl]-2,-2-
                                           accordance with the instructions                        U.S.C. 346a, any person may file an                   dimethyl-1-(1H-1,2,4-triazol-1-
                                           provided in 40 CFR part 178 (see also                   objection to any aspect of this regulation            ylmethyl)-cyclopentanol, in or on fruit,
                                           Unit I.C. of the SUPPLEMENTARY                          and may also request a hearing on those               stone, group 12–12 at 0.2 parts per
                                           INFORMATION).
                                                                                                   objections. You must file your objection              million (ppm); nut, tree, group 14–12 at
                                           ADDRESSES:    The docket for this action,               or request a hearing on this regulation               0.04 ppm; pea and bean, dried shelled,
                                           identified by docket identification (ID)                in accordance with the instructions                   except soybean, subgroup 6C at 0.15
                                           number EPA–HQ–OPP–2014–0230, is                         provided in 40 CFR part 178. To ensure                ppm; rapeseed subgroup 20A at 0.08
                                           available at http://www.regulations.gov                 proper receipt by EPA, you must                       ppm; and sunflower subgroup 20B at 0.9
                                           or at the Office of Pesticide Programs                  identify docket ID number EPA–HQ–                     ppm. The petition also requested that
                                           Regulatory Public Docket (OPP Docket)                   OPP–2014–0230 in the subject line on                  current established tolerances for
                                           in the Environmental Protection Agency                  the first page of your submission. All                residues of the fungicide metconazole in
                                           Docket Center (EPA/DC), West William                    objections and requests for a hearing                 or on canola seed at 0.04 ppm; fruit,
                                           Jefferson Clinton Bldg., Rm. 3334, 1301                 must be in writing, and must be                       stone, group 12 at 0.20 ppm; pistachio
                                           Constitution Ave. NW., Washington, DC                   received by the Hearing Clerk on or                   at 0.04 ppm; and nut, tree, group 14 at
                                           20460–0001. The Public Reading Room                     before July 28, 2015. Addresses for mail              0.04 ppm be removed once the proposed
                                           is open from 8:30 a.m. to 4:30 p.m.,                    and hand delivery of objections and                   tolerances were approved. That
Lhorne on DSK2VPTVN1PROD with RULES




                                           Monday through Friday, excluding legal                  hearing requests are provided in 40 CFR               document referenced a summary of the
                                           holidays. The telephone number for the                  178.25(b).                                            petition prepared by Valent U.S.A
                                           Public Reading Room is (202) 566–1744,                    In addition to filing an objection or               Corporation, the registrant, which is
                                           and the telephone number for the OPP                    hearing request with the Hearing Clerk                available in the docket, http://
                                           Docket is (703) 305–5805. Please review                 as described in 40 CFR part 178, please               www.regulations.gov. Comments were
                                           the visitor instructions and additional                 submit a copy of the filing (excluding                received on the notice of filing. EPA’s


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Document Created: 2015-12-15 15:31:33
Document Modified: 2015-12-15 15:31:33
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.
DatesEffective May 29, 2015
ContactAugust E. Flentje, Acting Deputy Assistant Attorney General, Civil Division, Department of Justice, Washington, DC 20530; (202) 514-3309.
FR Citation80 FR 30617 
CFR AssociatedAuthority Delegations (government Agencies); Government Employees; Organization and Functions (government Agencies); Privacy; Reporting and Recordkeeping Requirements and Whistleblowing

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