22418 Federal Register / Vol. 80, No. 77 / Wednesday, April 22, 2015 / Rules and Regulations 

2 Given passage of the act extending the Section 

119 license in December 2014, publication of the 

rate adjustment 25 days prior to January 1, 2015, 

would have been impracticable, if not impossible. 

On March 30, 2015, the Judges published notice of 

the commencement of a proceeding to set rates 

under section 119 of the Copyright Act, but 

subsequently withdrew the notice after determining 

that the reauthorization of STELA obviated the need 

for a rate proceeding. 

3On November 20, 2014, the Bureau of Labor 

Statistics announced that the CPI–U increased 1.7% 

over the last 12 months. 

1This is the 2014 rate adjusted for the amount of 

inflation as measured by the change in the 

Consumer Price Index for All Urban Consumers All 

Items from October 2013 to October 2014. 

2This is the 2014 rate adjusted for the amount of 

inflation as measured by the change in the 

Consumer Price Index for All Urban Consumers All 

Items from October 2013 to October 2014. 

fee payable under Section 119(b)(1)(B) 

‘‘to reflect any changes occurring in the 

cost of living as determined by the most 

recent Consumer Price Index (for all 

consumers and for all items) [CPI–U] 

published by the Secretary of Labor 

before December 1 of the preceding 

year.’’ Section 119 also requires that 

‘‘[n]otification of the adjusted fees shall 

be published in the Federal Register at 

least 25 days before January 1.’’ 17 

U.S.C. 119(c)(2). Today’s notice fulfills 

this notice obligation.2

The change in the cost of living as 

determined by the CPI–U during the 

period from the most recent index 

published before December 1, 2013, to 

the most recent index published before 

December 1, 2014, is 1.7%.3 Application 

of the 1.7% COLA to the current rate for 

the secondary transmission of broadcast 

stations by satellite carriers for private 

home viewing—27 cents per subscriber 

per month — results in a rate of 27 cents 

per subscriber per month (rounded to 

the nearest cent). See 37 CFR 

386.2(b)(1). Application of the 1.7% 

COLA to the current rate for viewing in 

commercial establishments—55 cents 

per subscriber per month—results in an 

adjusted rate of 56 cents per subscriber 

per month (rounded to the nearest cent). 

See 37 CFR 386.2(b)(2). 

List of Subjects in 37 CFR Part 386 

Copyright, Satellite, Television. 

Final Regulations 

In consideration of the foregoing, the 

Judges amend part 386 of title 37 of the 

Code of Federal Regulations as follows: 

PART 386—ADJUSTMENT OF 

ROYALTY FEES FOR SECONDARY 

TRANSMISSIONS BY SATELLITE 

CARRIERS 

■ 1. The authority citation for part 386 

continues to read as follows: 

Authority: 17 U.S.C. 119(c), 801(b)(1). 

■ 2. Section 386.2 is amended by adding 

paragraphs (b)(1)(vi) and (b)(2)(vi) to 

read as follows: 

§ 386.2 Royalty fee for secondary 

transmission by satellite carriers. 

* * * * * 

(b) * * * 

(1) * * * 

(vi) 2015: 27 cents per subscriber per 

month (for each month of 2015).1

(2) * * * 

(vi) 2015: 56 cents per subscriber per 

month (for each month of 2015).2

Dated: April 16, 2015. 

Suzanne M. Barnett, 

Chief Copyright Royalty Judge. 

[FR Doc. 2015–09284 Filed 4–21–15; 8:45 am] 

BILLING CODE 1410–72–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 90 

Control of Emissions From Nonroad 

Spark-Ignition Engines at or Below 19 

Kilowatts 

CFR Correction 

■ In Title 40 of the Code of Federal 

Regulations, Parts 87 to 95, revised as of 

July 1, 2014, on page 199, in § 90.116, 

after paragraph (a) and before the first 

paragraph (1), add paragraph (b) 

introductory text to read as follows: ‘‘(b) 

Engines will be divided into classes by 

the following:’’. 

[FR Doc. 2015–09241 Filed 4–21–15; 8:45 am] 

BILLING CODE 1505–01–D 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2014–0339; FRL–9923–57] 

Saflufenacil; Pesticide Tolerances 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: This regulation establishes 

tolerances for residues of saflufenacil in 

or on alfalfa, forage and alfalfa, hay. 

BASF Corporation requested these 

tolerances under the Federal Food, 

Drug, and Cosmetic Act (FFDCA). 

DATES: This regulation is effective April 

22, 2015. Objections and requests for 

hearings must be received on or before 

June 22, 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–2014–0339, is 

available at http://www.regulations.gov 

or at the Office of Pesticide Programs 

Regulatory Public Docket (OPP Docket) 

in the Environmental Protection Agency 

Docket Center (EPA/DC), West William 

Jefferson Clinton Bldg., Rm. 3334, 1301 

Constitution Ave. NW., Washington, DC 

20460–0001. The Public Reading Room 

is open from 8:30 a.m. to 4:30 p.m., 

Monday through Friday, excluding legal 

holidays. The telephone number for the 

Public Reading Room is (202) 566–1744, 

and the telephone number for the OPP 

Docket is (703) 305–5805. Please review 

the visitor instructions and additional 

information about the docket available 

at http://www.epa.gov/dockets. 

FOR FURTHER INFORMATION CONTACT: 

Susan Lewis, Registration Division 

(7505P), Office of Pesticide Programs, 

Environmental Protection Agency, 1200 

Pennsylvania Ave. NW., Washington, 

DC 20460–0001; main telephone 

number: (703) 305–7090; email address: 

RDFRNotices@epa.gov. 

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 EPA’s tolerance 

regulations at 40 CFR part 180 through 

the Government Publishing Office’s eCFR 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, any person may file an 

objection to any aspect of this regulation 

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Federal Register / Vol. 80, No. 77 / Wednesday, April 22, 2015 / Rules and Regulations 22419 

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–2014–0339 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 June 22, 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– 

2014–0339, 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. Summary of Petitioned-For 

Tolerance 

In the Federal Register of August 1, 

2014 (79 FR 44729) (FRL–9911–67), 

EPA issued a document pursuant to 

FFDCA section 408(d)(3), 21 U.S.C. 

346a(d)(3), announcing the filing of a 

pesticide petition (PP 4F8256) by BASF 

Corporation, 26 Davis Drive, P.O. Box 

13528, Research Triangle Park, NC 

27709–3528. The petition requested that 

40 CFR part 180 be amended by 

establishing tolerances for residues of 

the herbicide saflufenacil (2-chloro-5- 

[3,6-dihydro-3-methyl-2,6-dioxo-4- 

(trifluoromethyl)-1(2H)-pyrimidinyl]-4-

fluoro-N-[[methyl(1-methylethyl)amino]

sulfonyl]benzamide) and its metabolites, 

N-[2-chloro-5-(2,6-dioxo-4- 

(trifluoromethyl)-3,6-dihydro-1(2H)- 

pyrimidinyl)-4-fluorobenzoyl]-N’- 

isopropylsulfamide and N-[4-chloro-2- 

fluoro-5-({[(isopropylamino)sulfonyl]

amino}carbonyl)phenyl]urea, calculated 

as the stoichiometric equivalent of 

saflufenacil, in or on alfalfa, forage at 

0.075 parts per million (ppm) and 

alfalfa, hay at 0.10 ppm. That document 

referenced a summary of the petition 

prepared by BASF Corporation, the 

registrant, which is available in the 

docket, http://www.regulations.gov. 

There were no comments received in 

response to the notice of filing. 

Based upon review of the data 

supporting the petition, EPA agrees with 

the tolerance levels proposed by BASF 

Corporation for alfalfa commodities 

with the minor exception of a rounding 

adjustment for the alfalfa, forage 

tolerance from 0.075 ppm to 0.80 ppm. 

III. Aggregate Risk Assessment and 

Determination of Safety 

Section 408(b)(2)(A)(i) of FFDCA 

allows EPA to establish a tolerance (the 

legal limit for a pesticide chemical 

residue in or on a food) only if EPA 

determines that the tolerance is ‘‘safe.’’ 

Section 408(b)(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. Section 

408(b)(2)(C) of FFDCA requires EPA to 

give special consideration to exposure 

of infants and children to the pesticide 

chemical residue in establishing a 

tolerance 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. . . .’’ 

Consistent with FFDCA section 

408(b)(2)(D), and the factors specified in 

FFDCA section 408(b)(2)(D), EPA has 

reviewed the available scientific data 

and other relevant information in 

support of this action. EPA has 

sufficient data to assess the hazards of 

and to make a determination on 

aggregate exposure for saflufenacil 

including exposure resulting from the 

tolerances established by this action. 

EPA’s assessment of exposures and risks 

associated with saflufenacil follows. 

EPA has evaluated the available 

toxicity data and considered its validity, 

completeness, and reliability as well as 

the relationship of the results of the 

studies to human risk. EPA has also 

considered available information 

concerning the variability of the 

sensitivities of major identifiable 

subgroups of consumers, including 

infants and children. 

The toxicology database for the 

saflufenacil is considered complete for 

the purpose of risk assessment. In the 

Federal Register of September 3, 2014 

(79 FR 52215) (FRL–9912–91), EPA 

published a final rule establishing 

tolerances for residues of saflufenacil 

and its metabolites in or on barley, 

grass, olive, livestock, and wheat 

commodities based on EPA’s conclusion 

that aggregate exposure to saflufenacil is 

safe for the general population, 

including infants and children. Since 

that rulemaking, the toxicity profile for 

saflufenacil has not changed. The 

requested tolerances will not result in 

residues on human food commodities, 

only animal feed. The available residue 

data submitted for use in alfalfa 

indicates that the dietary burden for 

livestock will not change from the 

current levels that were previously 

assessed for use in grass pastures. 

Therefore, the residues of saflufenicil on 

alfalfa from the proposed new use will 

not impact the existing human dietary 

and aggregate risk assessments for 

saflufenacil. For a detailed discussion of 

the aggregate risk assessments and 

determination of safety, as well as a 

summary of the toxicological endpoints 

used for human risk assessment, please 

refer to the final rules published in the 

Federal Register of February 21, 2014 

(79 FR 9861) (FRL–9905–87) and 

September 3, 2014 (79 FR 52215) (FRL– 

9912–91). EPA relies upon those 

supporting risk assessments and the 

findings made in the Federal Register 

documents in support of this final rule. 

Based on the risk assessments and 

information described above, EPA 

concludes that there is a reasonable 

certainty that no harm will result to the 

general population or to infants and 

children from aggregate exposure to 

saflufenacil residues. 

IV. Other Considerations 

A. Analytical Enforcement Methodology 

Adequate enforcement methodology 

(liquid chromatography/mass 

spectroscopy/mass spectroscopy (LC– 

MS/MS) (Method D0603/04)) is 

available to enforce the tolerance 

expression. 

The method may be requested from: 

Chief, Analytical Chemistry Branch, 

Environmental Science Center, 701 

Mapes Rd., Ft. Meade, MD 20755–5350; 

telephone number: (410) 305–2905; 

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22420 Federal Register / Vol. 80, No. 77 / Wednesday, April 22, 2015 / Rules and Regulations 

email address: residuemethods@

epa.gov. 

B. International Residue Limits 

In making its tolerance decisions, EPA 

seeks to harmonize U.S. tolerances with 

international standards whenever 

possible, consistent with U.S. food 

safety standards and agricultural 

practices. EPA considers the 

international maximum residue limits 

(MRLs) established by the Codex 

Alimentarius Commission (Codex), as 

required by FFDCA section 408(b)(4). 

The Codex Alimentarius is a joint 

United Nations Food and Agriculture 

Organization/World Health 

Organization food standards program, 

and it is recognized as an international 

food safety standards-setting 

organization in trade agreements to 

which the United States is a party. EPA 

may establish a tolerance that is 

different from a Codex MRL; however, 

FFDCA section 408(b)(4) requires that 

EPA explain the reasons for departing 

from the Codex level. The Codex has not 

established a MRL for saflufenacil in or 

on alfalfa, forage or alfalfa, hay at this 

time. 

C. Revisions to Petitioned-For 

Tolerances 

EPA has modified the tolerance level 

proposed for alfalfa, forage, from 0.075 

ppm to 0.08 ppm, which is the 

appropriate rounding class according to 

the tolerance calculation procedures of 

the Organization for Economic Cooperation and Development (OECD) that 

EPA utilizes. 

V. Conclusion 

Therefore, tolerances are established 

for residues of, saflufenacil and its 

metabolites, in or on alfalfa, forage at 

0.08 ppm and alfalfa, hay at 0.10 ppm. 

VI. Statutory and Executive Order 

Reviews 

This action establishes tolerances 

under FFDCA section 408(d) in 

response to a petition submitted to the 

Agency. 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 in this final rule, 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, nor does 

this action alter the relationships or 

distribution of power and 

responsibilities established by Congress 

in the preemption provisions of FFDCA 

section 408(n)(4). As such, the Agency 

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, the Agency 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 

Agency 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). 

VII. 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. 

Dated: April 9, 2015. 

Susan T. Lewis, 

Director, Registration Division, Office of 

Pesticide Programs. 

Therefore, 40 CFR chapter I is 

amended as follows: 

PART 180—[AMENDED] 

■ 1. The authority citation for part 180 

continues to read as follows: 

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

■ 2. In § 180.649, add alphabetically the 

commodities to the table in paragraph 

(a)(1) to read as follows: 

§ 180.649 Saflufenacil; tolerances for 

residues. 

(a) General. (1) * * * 

Commodity Parts per 

million 

Alfalfa, forage ....................................................................................................................................................................................... 0.08 

Alfalfa, hay ........................................................................................................................................................................................... 0.10 

* * * * * * * 

* * * * * 

[FR Doc. 2015–09394 Filed 4–21–15; 08:45 am] 

BILLING CODE 6560–50–P 

mstockstill on DSK4VPTVN1PROD with RULES